Terms Of Use
These "Terms of Use" apply to your use of Glomantra's products, software, services, websites and their respective applications and interfaces for mobile devices (the "Services"). "Glomantra" means Glomantra Inc., whose principal place of business is at 440 N Wolfe Road, Sunnyvale, CA 94085. A "user" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Services. The terms "you" and "your" refer to you, as a user of the Services.
Your relationship with Glomantra
1.
Your use of Glomantra's Services is subject to the terms of the most current version of the "Terms of Use" posted on this page.
2.
Your use may also be subject to additional legal notices, the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
3.
The Terms of Use, together with the Additional Terms, form a legally binding agreement between you and Glomantra in relation to your use of the Services (the "Terms"). It is important that you take the time to read them carefully.
4.
If there is any contradiction between the Additional Terms and the Terms of Use, then the Additional Terms will take precedence..
Accepting the Terms
To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You understand and agree that Glomantra will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if:
1.
you are not of legal age to form a binding contract with Glomantra; or
2.
you are a person barred from receiving the Services under the laws of the United States or the country in which you are resident or from which you use the Services.
Provision of the Services by Glomantra
1.
Glomantra has subsidiaries and affiliated entities outside the United States ("Subsidiaries and Affiliates"). Sometimes, these companies will provide the Services to you on behalf of Glomantra. You agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you.
2.
Glomantra is constantly innovating in order to provide the best possible experience for its users. As part of this, Glomantra reserves the right, but is under no obligation, to modify, update, or discontinue the Services at its sole discretion, at any time, for any or no reason, and without notice or liability.
3.
Glomantra may disable access to your account for, among other things, violation of the Terms. You may be prevented from accessing the Services, your account details or any files or ther content which is contained in your account..
Use of the Services by you
You agree that:
1.
Any information that you may be required to provide about yourself (such as identification or contact details) is accurate.
2.
You will use the Services only for purposes permitted by the Terms.
3.
You will not use the Services for any purposes prohibited by applicable laws or generally accepted practices in the relevant jurisdictions, including any laws regarding the export of data or software to and from the United States.
4.
You will not use the Services to research, obtain or carry out any illegal activities, including pornography, prostitution, illegal gambling , drug use, theft, identity fraud or other criminal activity.
5.
You will not use the Services to harass, stalk or communicate with other members once they have made clear that such communication is unwelcome.
6.
You will only access the Services through the Glomantra interface unless you have been specifically allowed to do so in a separate agreement with Glomantra.
7.
You will not access any of the Services through any automated means (including use of scripts or web crawlers) and will comply with the instructions set out in any robots.txt file present on the Services.
8.
You will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
9.
You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
10.
You will use these Services solely for non-commercial purposes.
11.
You may provide links to the Services, provided
(a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Services,
(b) your website does not engage in illegal or pornographic activities, and
(c) you discontinue providing links to the Services immediately upon request by Glomantra.
Your passwords and account security
1.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
2.
You agree that you will be solely responsible to Glomantra for all activities that occur under your account.
3.
You agree to notify Glomantra if you become aware of any unauthorized use of your password or of your account..
Privacy and your personal information
For information about Glomantra's data protection practices, please read Glomantra's privacy policy at [privacy policy]. This policy explains how Glomantra treats your personal information, and protects your privacy, when you use the Services.
Content in the Services
1.
You agree that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you access as part of, or through your use of, the Services (the "Content") are the sole responsibility of the person from which such content originated.
2.
The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accu rate and complies with applicable laws. We are not responsible for the legality nor any errors, inaccuracies or problems in the advertiser's or sponsor's materials.
3.
The Services may include hyperlinks to other websites or content or resources. Glomantra may have no control over any websites or resources which are provided by com panies or persons other than Glomantra.
4.
You acknowledge and agree that Glomantra is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
5.
You acknowledge and agree that Glomantra is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
6.
Glomantra reserves the right (but shall have no obligation) to review, filter, refuse or remove any or all Content from any Service, including explicit sexual content. In addi tion, there are commercially available services and software to limit access to material that you may find objectionable.
7.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
Proprietary rights
1.
You acknowledge and agree that Glomantra owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, including "Glomantra" and "Betty Recommends", "eDeewan", "ToDo" and "myBantu".
2.
Unless you have agreed otherwise in writing with Glomantra, nothing in the Terms gives you a right to use any of Glomantra's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3.
You will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
License from Glomantra
1.
Glomantra gives you a personal, worldwide, royalty-free, non-assignable and non -exclusive license to use the software provided to you by Glomantra as part of the Services as provided to you by Glomantra (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Glomantra, in the manner permitted by the Terms.
2.
You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
Content license from you
1.
You retain all rights in the Content which you submit, post or display on or through, the Services. By submitting, posting or displaying Content you give Glomantra a per petual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
2.
You understand that Glomantra, in performing the required technical steps to provide the Services to our users, may transmit or distribute your Content over various public networks and in various media; and make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
3.
You confirm and warrant to Glomantra that you have all the rights, power and authority necessary to grant the above license.
Software updates
The Software which you use may automatically download and install updates from time to time from Glomantra. These updates are designed to improve, enhance and further develop the Services. You agree to receive such updates (and permit Glomantra to deliver these to you) as part of your use of the Services.
Ending your relationship with Glomantra
1.
The Terms will continue to apply until terminated by either you or Glomantra as set out below. The licenses created by these Terms shall survive termination.
2.
If you want to terminate your legal agreement with Glomantra, you may do so by closing your accounts for all of the Services which you use and deleting any downloaded software from your computer.
3.
Glomantra may at any time terminate its legal agreement with you if:
I. You breach any provision of the Terms or act in manner which clearly shows that you do not intend to or are unable to comply with the Terms;
II. Glomantra is required to do so by law;
III. Glomantra is no longer providing the Services to users in the country in which you are resident or from which you use the service; or
IV. The provision of the Services to you by Glomantra is no longer commercially viable.
4.
Glomantra reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to report ing any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GLOMANTRA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
1.
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS.
2.
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
3.
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
4.
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
5.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOMANTRA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. GLOMANTRA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GLOMANTRA'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
SUBJECT TO THE PROVISIONS ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOMANTRA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
1.
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOOD WILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
2.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, ANY CHANGES WHICH GLOMANTRA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES), THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES, YOUR FAILURE TO PRO VIDE GLOMANTRA WITH ACCURATE ACCOUNT INFORMATION, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
Indemnity
You agree to indemnify and hold Glomantra, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Glomantra reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Glomantra. Glomantra will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Changes to the Terms
Glomantra may make changes to the Terms from time to time. When these changes are made, Glomantra will make a new copy of the Terms of Use available at [Terms of Use] and any new Additional Terms will be made available to you from within, or through, the affected Services.
General
1.
When you use the Services, you may, as a result of, or through your use of the Services, use a service, download a piece of software, or purchase goods, which are provided by another person or company ("Third Party Services"). Your use of these Third Party Services may be subject to separate terms. You agree that Glomantra is not respon sible for such Third Party Services, will not be subject to such separate terms, nor will these Third Party Services be subject to the Terms.
2.
You agree that Glomantra may provide you with notices by email or by postings on the Services.
3.
You agree that the non-exercise of any legal right or remedy Glomantra has will not be taken to be a formal waiver of Glomantra's rights and that those rights or remedies will still be available to Glomantra.
4.
If any provision of these Terms is invalid, that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
5.
You acknowledge and agree that each subsidiary of Glomantra shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on, or rights in favor of, them.
6.
The Terms shall be treated as if they were executed and performed in Sunnyvale, California and will be governed by and construed according to the laws of the State of California without regard to conflict of laws provisions. Any cause of action by you with respect to the Services (and any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. You and Glomantra agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Glomantra shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.