- Scope of Agreement.
This Site Terms and Conditions of Use Agreement (the “Agreement”) is between you and Glamorise and governs your access to and use of this Site, including without limitation all services and transactions conducted through this Site.
- Binding Agreement.
By accessing or using this Site in any manner you are deemed to have read, understood, and agreed to each of the terms, conditions, and notices set forth in this Agreement. If you do not understand or agree to each of the terms, conditions, and notices in this Agreement, do not access or use this Site.
- Modification of Site or Agreement.
Glamorise may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all of the goods, services, Content, or transactions offered through this Site), in whole or in part, without notice or liability to you.
Glamorise may modify this Agreement at any time at its sole discretion. Glamorise will post the date of the last revision at the top of this Agreement and will post the modified version on the Site. By continuing to access and use the Site once the modified Agreement is posted, you indicate your assent to the modifications and your agreement to be bound by this Agreement as modified.
- Online User Accounts.
- True and Accurate Information. You represent and warrant that all information submitted through the Site will be true and accurate information.
- General Restrictions On Use & Termination.
Except as expressly permitted above, You shall not copy, reproduce, distribute, display, modify, perform, republish, download, store, transmit, sell, lease, or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. You shall not remove any copyright, trademark, or other intellectual property notices from the content or other materials on the Site. Except as expressly set forth herein, no license is granted to you for any other purpose other than for the specific purpose outlined and agreed to in this Agreement.
You must use this Site only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Site (a) to reverse engineer or decompile it, or to gain (or to attempt to) access areas or features of the Site, its servers, or servers connected to it, or Glamorise’s goods or services for which you do not have the proper authorization; (b) in a manner that violates any national, state, local, or international law, rule, or regulation (including laws regarding the export of data or software); (c) to download (other than page caching) the Site or any portion of it except as expressly permitted; (d) for any resale or commercial purpose, including to advertise, promote, or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters,” or “spam;” (e) to cause pop-up, pop-under, exit windows, expanding buttons, banners, or anything else that minimizes, covers, frames, or inhibits full display of the Site; (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or Glamorise’s goods or services or introduces any virus, Trojan horse, worm, logic bomb, or other material that is harmful; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited communications; (i) to harvest or collect information from the Site through data mining, web scraping, screen scraping, or other automated, technological, or manual collection of information; (j) in connection with any manual process to monitor or copy any of the material on the Site for commercial purposes or for any other purpose without Glamorise’s prior written consent; (k) via robot, spider, or other automatic device, process or means to monitor or copy content or other material on the Site; (l) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (m) in a way that violates the terms and conditions of this Agreement; (n) in a manner that Glamorise determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site or Glamorise’s goods or services.
- Access to Site and Account Security.
- Availability. The Site’s availability depends on many factors, including some that are beyond Glamorise’s control, such as your connection to the Internet and the Internet backbone. Glamorise reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice. From time to time, Glamorise may restrict access to some parts of the Site, or the entire Site, to users, including registered users. Glamorise shall not be liable to you if you cannot use this Site or any part of it for any reason.
- Minimum Age.You represent and warrant that you are 13 years of age or older and have the ability to enter into this Agreement.
- Intellectual Property Rights.
- General. U.S. and international copyright, trademark, and other intellectual property and other laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. Glamorise reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law. The Site and all of its contents, features, and functionality (including information, software, text, images, graphics, information, data, software, displays, video, audio, design, selection, coordination, arrangement, and “look and feel” of the foregoing) are owned by Glamorise, its licensors, or other providers and are protected by the aforementioned laws and regulations.
- Ownership. All information and data that is part of this Site, including without limitation, text, course materials, software, graphics, photos, illustrations, images, results (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Site (collectively, the “Marks”) and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Glamorise or third parties. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Glamorise or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them. To the extent that You use any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual or proprietary right of Glamorise, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Glamorise.
- Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in, or as part of this Site.
- User Generated Content.
- Posting. On portions of the Site, users may post content, including but not limited to text, photographs, images, videos or other content to the Site. Any such content you post shall be your original content and shall not be defamatory, libelous, scandalous, obscene, pornographic or harassing in any way and shall not be posted for any improper motive or purpose. No posted content should contain any confidential information, and all content may be freely displayed, reproduced, published, or distributed by Glamorise in any way in any format. Glamorise may display your user ID, name, portion of your name, or likeness in connection with your content.
- Removal of Content. Glamorise reserves the right to take down, delete, or remove any improper content or any immoral, scandalous, harassing, infringing, or otherwise inappropriate content. Glamorise also reserves the right to disable or block your use or access to the Site if you fail to comply with the Agreement.
- License. For any content you may upload, post, or otherwise submit to the Site, for which you retain ownership rights to the content, you grant to Glamorise, its successors, assigns, and licensees, a perpetual, irrevocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known, in Glamorise’s sole discretion without right of attribution or payment.
- Representations. You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to Glamorise’s attention. You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or Glamorises’s rights in the content or ability to fully use the content as contemplated herein.
- Notice Of And Procedure For Claims Of Copyright Infringement.
Glamorise respects the intellectual property and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, Glamorise has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please send Glamorise’s Designated Agent (identified below) a notice containing the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the Site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
- A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that we can locate the material;
- Your address, telephone number and email address;
- A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.
Stites & Harbison, PLLC
1800 Diagonal Road, Suite 325
Alexandria, VA 22314
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING GLAMORISE THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
- Products and Pricing.
Pricing is subject to change without notice. Despite Glamorise’s efforts, a small number of the items on our Site may be mispriced, inaccurately described, unavailable, or inaccurately displayed and we may experience delays in updating the information on the Site or in our advertisements. We reserve the right to modify information, correct errors, inaccuracies, or omissions at any time.
- Term; Termination.
- Right to Suspend, Terminate.Glamorise may suspend or terminate access to some or all of the Site at any time for any reason or no reason. In addition to any other legal or equitable remedies available to Glamorise, Glamorise may, without prior notice to you, immediately terminate this Agreement, disable any user name, password, or other identifier, suspend your access to all or some of the Site, or revoke any permissions granted under this Agreement.
- Effect of Termination. Upon termination of this Agreement for any reason, you shall immediately cease all access to and use of this Site and Glamorise may, in addition to any other remedies available to it at law or in equity, deny your access and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the effective date of termination. The provisions of Sections 11, 12, and 14, along with provisions that, by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
- Warranty; Disclaimer; Limitation of Liability.
Except as expressly stated otherwise by Glamorise, all content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Site may include inaccuracies, mistakes, or typographical errors. You acknowledge that your use of this Site is at your own risk. Glamorise does not warrant that the content on the Site or your use of the Site, will be uninterrupted or error free, accurate, useful, or complete, that defects will be corrected, that the Site or its server are free of viruses or other harmful components, or that the Site will meet your needs or expectations. Glamorise disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and further disclaims all representations and warranties of title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Glamorise shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or by downloading any material posted on the Site or on any site linked to the Site, or any damages resulting from any reliance on information from Glamorise, mistakes, omissions, deletions, errors, defects, viruses, delays in the operation or transaction, or failure to perform.
- Limitation of Liability.
To the maximum extent permitted by applicable law, Glamorise, and its officers, directors, employees, and agents shall not be liable for direct, punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, goodwill, or other intangibles; anticipated savings, pain and suffering; personal injury, or emotional distress), whether or not such damages were foreseeable and even if Glamorise had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Glamorise shall not be liable to you, under any legal theory, for any damages arising from your use or inability to use the Site, any content on the Site, any goods or services provided through the Site, or any Site linked from the Site. Glamorise shall not be liable to you, under any legal theory, for any submissions from you or from any other user of the Site, or from your reliance on any information provided on the Site. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Glamorise, its officers, directors, shareholders, employees, and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys' fees) and damages arising out of or relating to (i) your access or connection to, use of, or inability to use this Site, including without limitation claims arising out of your transactions through this Site, (ii) any claims alleging facts that, if true, would constitute a breach by you of the terms and conditions of this Agreement, (iii) injury to persons (including death) or property, including loss or corruption of data you cause; (iv) any claims resulting from any action Glamorise, its licensees, service providers, or law enforcement authorities take during or as a result of investigation into any alleged illegal or unauthorized use of this Site. Glamorise reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Glamorise’s defense of such claims.
- International Access.
You may be accessing the Site from a country other than the United States, and this Site may contain products or services or references to products or services that are not available outside the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use the Site from outside the United States, you are responsible for complying with your local laws and regulations.
- Contact Us.
Please send any questions or comments regarding this Site, by email to email@example.com or by regular mail to Glamorise, Attn: Ecommerce, 135 Madison Avenue, New York, New York 10016.