GLEWED.TV TERMS & CONDITIONS
Last revised: November 2022
Glewed.TV (“us,” “we,” or “our”) operates websites, mobile applications, OTT applications, and Connected TV applications (collectively, the “Service”). Before using the Service, please read the following important terms and conditions of use (the “Terms”), INCLUDING BINDING ARBITRATION BELOW, carefully. These Terms and all policies referenced herein shall manage your use of the Service, including the website www.glewed.tv accessible at http://www.glewed.tv/ (the “Website”), and are a legal agreement between you and Glewed.TV and apply whether you are a visitor or an account holder.
These Terms will be applied fully and affect your use of the Service. By using the Service, you agree to accept all terms and conditions written herein. You must not use the Service if you disagree with any of these Terms.
YOU UNDERSTAND THAT BY USING THE SERVICE, YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY ABLE TO ENTER INTO A CONTRACT.
Intellectual Property Rights
Other than Your Content (defined below), under these Terms, Glewed.TV and/or its licensors own all the intellectual property rights and materials contained in the Service, including, but not limited to, copyrights, patent rights, trademarks, including service mark rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets. Such intellectual property includes content and materials included on the Website and Service, including but not limited to videos, photographs, music, sounds, information, data, software, graphs, typefaces, graphics, and other such material. You shall not use Glewed.TV trademarks, logos, or service or product names, without our prior express authorization to do so in writing.
You are granted a limited license only for the purposes of viewing the material contained on the Service as described below. Our Service, including any content and material thereon, are proprietary to Glewed.TV and/or our licensors, and are protected by U.S. and foreign laws. By using the Service, and therefore agreeing to be bound by these Terms, you thereby demonstrate your agreement not to distribute, publicly display or perform, reproduce, create derivative works from, sell, resell, or license any content, material, software, or services through the Service without our prior express authorization to do so in writing. We grant you a limited, non-exclusive, personal, non-transferable, revocable license to use the Service, including any intellectual property described above, pursuant to these Terms and any other terms and conditions we set forth. Glewed.TV and our licensors retain complete title to all content and material made available through the Service, including any associated intellectual property rights, and provide such content and material under a license to you that is revocable in our sole discretion at any time. Any other use of the content or material made available to you through the Service is strictly prohibited.
In connection with your use of the Services, you are specifically restricted from all of the following:
- using the Service in any way that could damage, disable, impair, interrupt, or interfere with the Service, including networks and servers connected to the Service;
- using the Service in any way that impacts user access to the Service;
- using the Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Service;
- using the Service to engage in any advertising or marketing.
- introducing a virus, worm, Trojan Horse, or any other malicious or harmful software code, data, or file that may damage, interfere with, intercept or expropriate any system, data, personal information or property of another;
- attempting to gain unauthorized access to accounts not owned (or operated) by you, or to any connected network or servers to the Service through hacking, phishing, or other such means;
- consuming a commercially disproportionate amount of bandwidth, CPU usage, memory storage space, or any other network or system resources, based on our sole discretion;
- using the Service on a service bureau or shared basis;
- hosting the Service to be accessible by third parties;
- selling, reselling, assigning, licensing, or renting access to or use of the Service or otherwise transferring any rights to use the Service;
- obtaining, or attempting to obtain, any content, materials, or information through any means not intentionally made available through the Service;
- caching, framing, grabbing, using, or copying and content included through the Service.
- defaming, defrauding, abusing, harassing, stalking, threatening, or otherwise violating any legal rights, including rights of privacy and publicity, of others;
- transmitting any content, files, or materials protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do the same;
- reverse engineering the Service or any content thereon for any purpose.
- using “software robots,” “scripts,” “spiders,” “web crawlers,” or use computer programs that recursively query the Website over the Internet.
You acknowledge that you are solely responsible for any breach of the obligations pursuant to these Terms and for the consequences, including any loss or damage which we may suffer, of any such breach.
Certain areas of the Service may be restricted from being accessed by you and Glewed.TV may further restrict access to any areas of the Service, at any time, in our absolute discretion. As such, to use certain features of the Service, you may be required to register for an account and provide us with certain information, such as a user ID and password. Any user ID and password you may have are confidential and you must maintain confidentiality as well. You may not sell, transfer, assign, or share your account with another. By registering for an account, you agree that all your registration information shall be legal, accurate, current, and complete, and your account will only be used by you. Any use of the Service made through your account is your sole responsibility. If you become aware of any unauthorized use of your account, you must notify us immediately. You may cancel your account any time by deleting the account on the Service. We, in our sole discretion, may cancel your account for any reason, without notice.
In these Terms, "Your Content" shall mean any audio, video, text, images or other material you choose to display on the Service. By displaying Your Content, you grant Glewed.TV a non-exclusive, fully paid, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute Your Content in any and all media.
Your Content must be your own and must not be in violation of any third-party’s rights. Glewed.TV reserves the right to remove any of Your Content from the Service at any time without notice. Your Content is your sole responsibility. Under no circumstances shall we be liable for Your Content in any way.
Term and Termination
These Terms shall begin upon your acceptance and continue in effect until terminated. We reserve the right to terminate this Agreement at any time for any reason. If we become aware of any potential violations by you in your use of the Service, or any other provision herein, we may terminate or suspend your use of the Service at our sole discretion, without prior notice to you. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, all limitations on liability, indemnification obligations, disclaimers of warranties, choice of law and forum, and intellectual property protections.
THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS WITH ALL FAULTS. WE DO NOT WARRANT THAT USE OF THE WEBSITE AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE CONTENT PROVIDED ON THE WEBSITE OR SERVICE IN ANY WAY. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SERVICE AND ANY CONTENT, MATERIALS, DATA, OR INFORMATION CONTAINED ON THE SERVICE, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. ALSO, NOTHING CONTAINED ON THE SERVICE, OR ORAL OR WRITTEN INFORMATION PROVIDED BY US, SHALL CREATE A WARRANY OR BE INTERPRETED AS ADVISING YOU IN ANY WAY.
Limitation of liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL GLEWED.TV, NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE WHETHER OR NOT SUCH LIABILITY IS UNDER CONTRACT, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES,” “WORMS,” “BUGS,” DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GLEWED.TV HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $100 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You hereby indemnify, hold harmless, and defend to the fullest extent Glewed.TV, our affiliates, directors, officers, and employees from and against any and all claims, demands, causes of action, lawsuits, or other proceedings, and reimburse all liabilities, costs, reasonable attorneys’ fees, judgments, damages and expenses resulting from the same claims, demands, causes of action, lawsuits, or other proceedings arising in any way related to your use of the Service or the breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Glewed.TV is permitted to revise these Terms at any time as it sees fit, and by using the Service you are expected to review these Terms on a regular basis.
Glewed.TV is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Glewed.TV and you in relation to your use of the Service and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms, including binding arbitration, will be governed by the law of the State of Delaware, without regard to the conflict of laws principles thereof. If any dispute, controversy, or claims cannot be resolved in arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Palm Beach County, Florida, and the Federal Courts in and for the Southern District of Florida, and the parties hereby submit that exclusive venue shall lie with such courts, and hereby irrevocably submit to the jurisdiction and venue of such courts.
We recognize that the courts of some countries do not apply the laws of Delaware, U.S.A. to certain disputes. If you reside in one of these countries Delaware law is excluded from being applied, your country’s law will then apply to such disputes related to these Terms. Similarly, if the courts in your country do not permit you to consent to the jurisdiction and venue of Palm Beach County, Florida, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these Terms.
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God, including fire, flood, earthquake, storm, hurricane or other natural disaster, war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, riots, government actions, lockout or interruption or failure of electricity of network service, or other cause beyond the reasonable control of the parties.