Terms and Conditions

Glookast

EUROPE

Rua da Lionesa, 446-D21 4465-671
Leça do Balio, Portugal
+351 (22) 902 57 02

AMERICAS

15712 SW 41st Street
Suite 10
Davie FL 33331 USA
+1 (954) 302-2024

Version: 2


Effective Date: May 24th, 2018

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.glookast.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Definitions

The terms “us”, “we”, and “our” refer to Glookast, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

1.  Introduction
1.1  These terms and conditions shall govern your use of our website.

1.2  By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3  If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4  You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

1.5  Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.  Credit
2.1  This document was created using a template from SEQ Legal (https://seqlegal.com).

3.  Copyright notice
3.1  Copyright (c) 2018 GLOOKAST

3.2  Subject to the express provisions of these terms and conditions:

(a)  we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website. Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Glookast; and

(b)  all the copyright and other intellectual property rights in our website and the material on our website are reserved. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.


4.  Licence to use website
4.1  You may:

(a)  view pages from our website in a web browser;

(b)  download pages from our website for caching in a web browser;

(c)  print pages from our website; and

(d)  stream audio and video files from our website subject to the other provisions of these terms and conditions.

4.2  Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3  You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4  Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5  Unless you own or control the relevant rights in the material, you must not:
(a)  republish material from our website (including republication on another website);

(b)  sell, rent or sub-license material from our website;

(c)  show any material from our website in public;

(d)  exploit material from our website for a commercial purpose; or

(e)  redistribute material from our website.

4.6  Notwithstanding Section 4.5, you may redistribute our newsletters or marketing emails in print and electronic form to any person.

4.7  We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.  Acceptable use
5.1  You must not:

(a)  use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)  use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)  use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)  conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)  access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or

(f)  use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2  You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3  You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.  Your content: licence
6.1  In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

6.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content on and in relation to this website and any successor.

6.3  You grant to us the right to sub-license the rights licensed under Section 6.2.

6.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.

6.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

6.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

7.  Your content: rules
7.1  You warrant and represent that your content will comply with these terms and conditions.

7.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)  be libellous or maliciously false;

(b)  be obscene or indecent;

(c)  infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)  infringe any right of confidence, right of privacy or right under data protection legislation;

(e)  constitute negligent advice or contain any negligent statement;

(f)  constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)  be in contempt of any court, or in breach of any court order;

(h)  be in breach of racial or religious hatred or discrimination legislation;

(i)  be blasphemous;

(j)  be in breach of official secrets legislation;

(k)  be in breach of any contractual obligation owed to any person;

(l)  depict violence in an explicit, graphic or gratuitous manner;

(m)  be pornographic, lewd, suggestive or sexually explicit;

(n)  be untrue, false, inaccurate or misleading;

(o)  consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)  constitute spam;

(q)  be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)  cause annoyance, inconvenience or needless anxiety to any person.


8.  Limited warranties
8.1  We do not warrant or represent:

(a)  the completeness or accuracy of the information published on our website;

(b)  that the material on the website is up to date; or

(c)  that the website or any service on the website will remain available.

8.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

8.3  To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

9.  Limitations and exclusions of liability
9.1  Nothing in these terms and conditions will:

(a)  limit or exclude any liability for death or personal injury resulting from negligence;

(b)  limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)  limit any liabilities in any way that is not permitted under applicable law; or

(d)  exclude any liabilities that may not be excluded under applicable law.

9.2  The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a)  are subject to Section 9.1; and

(b)  govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

9.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

9.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.  Breaches of these terms and conditions
10.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)  send you one or more formal warnings;

(b)  temporarily suspend your access to our website;

(c)  permanently prohibit you from accessing our website;

(d)  block computers using your IP address from accessing our website;

(e)  contact any or all of your internet service providers and request that they block your access to our website; and/or

(f)  commence legal action against you, whether for breach of contract or otherwise.

10.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

11.  Variation
11.1  We may revise these terms and conditions from time to time.

11.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

11.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

12.  Assignment
12.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

12.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and condition.

13.  Severability
13.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

14.  Third party rights
14.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

14.3  Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Glookast has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Glookast. Glookast does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.

14.4  You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.

14.5  You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Glookast or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

15.  Entire agreement
15.1  Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

16.  Law and jurisdiction
16.1  This Agreement will be treated as if it were executed and performed in Davie, FL, and will be governed by and construed in accordance with the laws of the state of Florida without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

16.2  Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Davie, FL., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Davie, FL. necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

17.  Linking to our website
17.1  You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.

18.  Linking to other websites
18.1  Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Glookast has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those websites to fully understand what information is collected and how it is used.

19.  Our details
19.1  This website is owned and operated by GLOOKAST.
19.2  Our principal place of business is at:

GLOOKAST
15712 SW 41st Street
Suite 10
Davie FL 33331 USA

19.3  You can contact us:
(a)  by post, to the postal address given above or at

Rua da Lionesa, 446-D21
4465-671 Leça do Balio,
Portugal

(b)  using our website contact form https://www.glookast.com/about-us;

(c)  by telephone, on +1 (954) 302-2024 (USA) or +351 (22) 902 57 02 (Portugal);

(d)  by email, using info@glookast.com

Copyrights Glookast 2017 All Rights Reserved

TERMS OF USE / PRIVACY POLICY