Effective Date: August 12th, 2014
1. Basic Principles
• You must be 13 years or older to use the Application and Services.
• If your Gloopt account is terminated for any reason, you may not create another Gloopt account without our express prior written permission to do so.
3. Parental Advisory
4. The Service
The Service is designed to share video content to you based on your interests on your mobile device or web browser. As a User, defined below, you can select Topics, Programs, or Videos to watch. Based on your selections and interests, Gloopt will continue to suggest videos to you.
5. Account Registration and Eligibility
5.1 Residence; Age Requirement; Authority. In order to use any of the Services, you must be in a country in which Gloopt is legally authorized to operate the Services and be at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Services. NOTWITHSTANDING ANY DESCRIPTIONS OR REPRESENTATIONS ON THE SERVICES, NOT ALL FEATURES OF THE SERVICES MAY BE AVAILABLE IN YOUR COUNTRY.
5.3 You will be responsible for providing the mobile device, network connection, computer hardware, and any other hardware and software necessary to use the Services.
5.4 Account Tiers. Anyone can create an account to view content. However, individuals who have been invited to the Application will also be able to create and post video content. You may only post video content if you have been invited to do so by Gloopt.
5.5 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Gloopt will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless Gloopt, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
5.6 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Gloopt uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
6. LICENSE TO THE SERVICES
6.1 License Grant. A. Gloopt grants to you a limited, non-exclusive, non-transferable license to access and use the Services in legally authorized jurisdictions for personal non-commercial purposes only. If you subscribe to any of the Services, this license is contingent upon your payment of any subscription fees, if applicable, and your compliance with any other terms and conditions applicable to you as a User. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the Services. Gloopt reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
6.2 Updates. Gloopt may from time to time make available to all users of the Services, updates at no cost or subject to additional fees in Gloopt’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Services that Gloopt makes available generally to users of the Services. Notwithstanding anything else contained in this Agreement, Gloopt will have no obligation to continue producing or releasing new versions of the Services or any updates thereto.
Any video content that you create and post to the Services is owned by you. However, by making available any video content available through the Application and Services, you hereby grant to Gloopt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such video content in any and all media or distribution methods (“License”). By way of example and not limitation Gloopt may modify or adapt your video content in order to transmit, display or distribute such submissions over computer networks and in various media and/or make changes to your video content as are necessary to conform and adapt your video content to any requirements or limitations of any networks, devices, services or media. Gloopt also has the right to make your video content available to other companies, organizations or individuals who partner with Gloopt. Such uses by Gloopt or other companies, organizations or individuals who partner with us may be made with no compensation to you with respect to your video content or otherwise. This License ends when you delete your video content or your account unless your video content has been shared with others, and they have not deleted it.
8. General Prohibitions
You agree not to do any of the following while using the Services:
• Use the Service in a manner inconsistent with any and all applicable laws and regulations.
• Sell or otherwise transfer your profile.
• Post content that: is hate speech, threatening, or pornographic; incites violence; contains nudity or graphic or gratuitous violence, or contains Illicit drugs and drug paraphernalia content; or any other content that is illegal, promotes illegal activity or infringes on the legal rights of others; is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Use your Account to do anything unlawful, misleading, malicious, or discriminatory.
• Do anything that could disable, overburden, or impair the proper working or appearance of Gloopt, such as a denial of service attack or interference with page rendering or other Gloopt functionality.
• Use the Services to reproduce copyrighted materials;
• Copy, store, edit, change, prepare any derivative work of or alter in any way any of the content made available through the Services;
• Make the Services available over a network where it could be used by others;
• Provide your Account Information, including your password, to any other person;
• Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services or any portion of them, except as expressly allowed under applicable law;
• Circumvent any technology used by Gloopt or its licensors to protect content accessible via the Services;
• Rent, lease, or sublicense any of the Services; or
• Use the Services in any way that violates the terms of this Agreement or other Gloopt policies.
• Encourage or enable any other individual to do any of the foregoing.
As between you and Gloopt, you acknowledge that Gloopt owns or has a license to all title and copyrights in and to the Services. All title and intellectual property rights in and to the licensed content in the Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
10. Gloopt Trademarks and Third-Party Trademarks
The following are registered trademarks or trademarks of Gloopt: Gloopt, and its design logo, as well as certain other Gloopt trademarks, service marks, graphics, and logos (collectively, the “Gloopt Trademarks”) used in connection with the Services. The Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.
The Services use technology to protect the digital information provided by from unauthorized use. Your use of the Services may be limited by such technology. You acknowledge that, from time to time, Gloopt may modify or discontinue using such technology. Security modifications made by Gloopt may from time to time include required updates to the Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
14. Links to Third Party Websites
The Application and Services may contain links to or information regarding third-party websites or resources. You acknowledge and agree that Gloopt is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Gloopt of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Gloopt is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
15. Accessing and Downloading the Application from the App Store
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application,. As between Gloopt and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Gloopt.
• You and Gloopt acknowledge that, as between Gloopt and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
16. Special Notice for International Use; Export Controls
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. General Practices Regarding Use and Storage
You acknowledge that Gloopt may establish general practices and usage limits on the Service. This may include the length of time we store your data, including viewing preferences, as well as your maximum allotted free viewing time. You agree that Gloopt is not responsible or liable for the deletion or failure to store any data or other content maintained by the Service. You further acknowledge that we may change these general practices and limits at any time without notice.
EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS: THE SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOOPT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GLOOPT MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GLOOPT DISCLAIMS ANY LIABILITY RELATING THERETO. GLOOPT MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, GLOOPT MAY MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER GLOOPT ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. GLOOPT DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SERVICES. GLOOPT WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT GLOOPT ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GLOOPT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Gloopt is not responsible for any incorrect or inaccurate content posted on the Application or in connection with the Service provided. Each contributor is responsible for the content he or she posts. Each contributer is responsible for posting any necessary disclaimers specific to his or her content, industry, subject matter.
Gloopt is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any application or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application and/or in connection with the Service. Under no circumstances shall Gloopt be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or from any content therein, whether online or offline.
19. Limitation of Liability
YOU WILL INDEMNIFY AND HOLD GLOOPT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE SERVICES.
21. Notice for California Members
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
4. Controlling Law and Jurisdiction. This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Gloopt or relating in any way to your use of the Services will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Santa Clara, California.
23. Contacting Gloopt
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.