Terms of Service
Last updated on Jan 12, 2018
These Terms constitute a binding legal contract between You and Snapwiz, Inc., owner of Glider Websites, Mobile apps and Services (“Glider Apps”), and are deemed accepted by You each time that You use or access any Glider Website, Mobile apps or Glider Services. If You do not agree with the Terms stated here, please do not use the Glider Websites, Mobile apps and the Glider Services.
The Glider Websites are defined as all Websites belonging to Glider, partially or otherwise and include the Glider Services. The Glider Services are defined as the applications and services provided/extended by Glider, including an online service to post and search for job opportunities on a Website (collectively, “Glider Services”). The Glider Mobile apps are defined as applications available on web and mobile (Android and iOS devices through the concerned “App Stores” ), which allow Users to create individual profiles, which may include personal information (“Profiles”), and subsequently offer career recommendations. Glider Apps may also collect information (available for public consumption) related to You from websites and may use this information to create a Profile or add it to an existing Profile.
These terms are binding on You, hence You should visit this page periodically to check for the most current version of these Terms. Glider may revise the Terms at any time by posting an updated version to this Web page.
Users who violate these Terms may have their access to and use of the Glider Apps barred, and/or account terminated, at Glider’s discretion.
You must be 13 years of age or older to visit or use any Glider Apps in any manner, and, if under the age of 18 or the age legally permitted as that is defined in Your jurisdiction, must use any Glider Apps under the supervision of a parent, legal guardian, or other responsible adult.
1. Use of Glider Content.
Conditional upon these Terms, Glider authorizes You to access and use the Glider Apps and the Glider Content (as defined below) solely for Your personal, non-commercial use. All the contents of the Glider Apps, which include texts, designs, images, graphics, logos, button icons, information, videos, audio files, software, and other Glider content (collectively, “Glider Content”), are protected under copyright, trademark and other laws. All Glider Content is Glider’s or its licensor’s property. All content on the Glider Apps, in the form of a collection or otherwise, is the exclusive property of Glider and is protected by copyright, trademark, and other laws. Unauthorized use of the Glider Content is strictly prohibited as it is a violation of the aforementioned laws and/or applicable communications regulations and statutes. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Glider Content on any authorized copy You make of the Glider Content.
The pages making up any Glider Apps or codes created by Glider to generate or display any Glider Content is also protected by Glider’s copyright and You may not copy or adapt such code. It is prohibited to use the Glider Content on any other application, Website or in a networked computer environment for any purpose. Any code created by Glider to display or generate any Glider Content or the pages making up any Application or Service is also protected by Glider’s copyright and you may not copy or adapt those codes.
You give your consent to not modify or sell the Glider Content nor display, reproduce, distribute, publicly perform, or otherwise use the Glider Content in any way for any commercial or public purpose, in connection with products or services that are not those of the Glider Apps, You agree to not use Glider Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits Glider or its licensors, that compromises the strength of Glider’s or its licensor’s property, or that otherwise infringes Glider’s or its licensor’s intellectual property rights. You further agree to not misuse Glider Content in any other way.
2. Use of the Glider Services.
Glider Apps features like job posting, candidate matching service, the profile database (“Glider Profile Database”) and others may be used only by individuals seeking employment and/or career information and by employers seeking prospective employees/candidates. Your use of the Glider Services is also subject to any other contract/s You may have with Glider. In case of any conflict between these Terms and any contract you have with Glider, the terms of your contract will prevail. The term “post” as used in this document shall mean information that You publish, submit or display on the Glider Apps.
It is Your responsibility to maintain the confidentiality of Your account, Profile and passwords, as applicable. You may not share, permanently or temporarily, Your password or other account access information with any other party. Also, You are responsible for all uses of Your Glider Apps registrations and passwords, whether or not authorized by You. You agree to immediately notify Glider of any unauthorized use of Your account, Profile, or passwords.
All Glider Users agree not to:
(b) undertake any action that imposes an unreasonable or disproportionately large load on any Glider Apps’ infrastructure;
(c) use a device other than the tools available on the Site, generally available third party web browsers, or other tools approved by Glider to navigate or search any Glider Apps;
(d) use any data gathering or extraction methods like data mining, robots or others;
(e) attempt to violate or violate the security of any Glider Apps including attempting to probe, scan or test the vulnerability of Glider system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) decompile or reverse engineer any parts of Glider Apps;
(h) in any manner aggregate, copy or duplicate any of the Glider Content or information available from any Glider Apps, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any Glider Content or information available from any Glider Apps, unless permitted by these Terms;
(j) promote or endorse false or misleading information or illegal activities, or endorse or provide instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media by posting any such content or material that does so;
(k) post any resume or Profile or apply for any job falsely representing another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) create duplicate or more than one profile for the same person at any one time;
(n) share any login credentials to any Glider Apps with a third party;
(o) log into a server or account which You are not authorized to access or access data not intended for You;
(p) submit or post any false, incomplete or inaccurate biographical information or information which is not Your own to any Glider Apps;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) seek passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) make unsolicited phone calls, send unsolicited mail or email, or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) interfere or attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Glider Apps, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) plagiarize, promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
(x) use the Glider Services for any illegal activity or any unlawful purpose, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Glider’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Glider will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
Employers are solely accountable and answerable for their postings on Glider Apps. Glider is not to be considered to be an employer with respect to Your use of any Glider Apps and Glider shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Glider Apps.
If You cancel Your employer account or Your employer account is terminated, all Your account information from Glider, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Glider’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Glider’s web servers.
You shall use the Glider Profiles in accordance with all applicable privacy and data protection laws. In order to protect our Glider Users from commercial advertising or solicitation, Glider reserves the right to restrict the number of emails which an employer may send to Users to a number which Glider deems appropriate in its sole discretion.
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Glider;
(b) information that is misleading, in the form of deceptive, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Glider’s reasonable discretion;
(c) the logos, names or trademarks of unaffiliated companies other than those of your customer except where expressly agreed by Glider;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Glider application to:
(a) post jobs in a manner that does not comply with or violates applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) post jobs or other content that contains links to any site competitive with Glider or post jobs or other advertisements for competitors of Glider;
(e) sell, promote or advertise products or services;
(f) post or promote any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(i) post or promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of documents like (a) IRS form W2, (b) IRS form 1099, or (c) Form 16.
(j) post jobs on any Glider Apps for modeling, acting, talent or entertainment agencies or talent scouting positions;
(k) advertise sexual services or seek employees for jobs of a sexual nature;
(l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(m) endorse a particular political party, political agenda, political position or issue;
(n) promote a particular religion;
(o) post jobs located in countries subject to economic sanctions of the United States Government; and
(p) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Glider retains its right to remove any job posting or content from any Glider App, which in the reasonable exercise of Glider’s discretion, does not comply with the above Terms, or if any content is posted that Glider believes is not in the best interest of Glider.
Glider will have grounds to terminate Your use of the Glider Services, if at any time during Your use of the Glider Services, You made a misrepresentation of fact to Glider or otherwise misled Glider in regards to the nature of Your business activities.
Use of the Glider Profile Database by Employers
As provided in these Terms and in any contract You have with Glider, You shall use the Glider Profile Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Glider Profile Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
It is Your responsibility to take appropriate physical, technical, and administrative measures to protect the data You have obtained from Glider Profile Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share login credentials with any other party.
The Glider Profile Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
To ensure a safe and effective experience for all of our customers, Glider reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended from time to time in Glider’s sole discretion.
4. Additional terms applicable to Job Seekers.
To register with any Glider Apps, You will be asked to create an account and provide Glider with certain information including, without limitation, a valid email address (Your “Information”).
Any Profile submitted by You must be accurate and describe You, an individual person. The Profile requires standard fields to be completed.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Glider Apps.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Glider account or Your Glider account is terminated, all Your account information from Glider, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Glider’s databases and will be removed from any public and viewable area of the Glider Apps. Information may continue to be available for some period of time because of delays in propagating such deletion through Glider’s web servers. In addition, third parties may retain saved copies of Your Information.
In case of a significant duration of inactivity, Glider reserves the right to delete Your account and all of Your Information.
5. User Content and Submissions.
Glider claims no ownership or control over any “User Content.” User Content may be defined as all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Glider App. You agree and understand that such User Content is the sole responsibility of the person from which such content originated. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Glider and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Glider, you grant Glider a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Glider. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Glider a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Glider and its services. Once such User Content is removed from Glider, Glider will discontinue this licensed use within a commercially reasonable period. Glider reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any Glider App, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Glider App retains any and all rights that may exist in such User Content. Glider may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Glider Apps. Glider reserves the right to expel Users and prevent their further access to the Glider Apps and/or use of Glider Services for violating the Terms or applicable laws, rules or regulations. Glider may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Glider, damage Glider’s brand or public image, or cause Glider to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
You acknowledge that any reliance on material posted by other Users will be at Your own risk. Glider does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Glider endorse any opinions expressed by Users.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
- harasses, incites harassment or advocates harassment of any group or individual;
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hate speech, hatred or physical harm of any kind against any group or individual;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- is plagiarized, promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or possesses links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
Any Profile that You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
In any User Content submitted to Glider Networking, You may not include, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Glider Community Users from commercial advertising or solicitation, Glider reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Glider deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the Glider Apps. Glider does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We acknowledge and welcome feedback from our Users and solicit Your comments regarding our services and the Glider Apps. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of Glider. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Glider shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Glider App and is accessible on such Glider App in a way that constitutes copyright or trademark infringement, please contact Glider by email at firstname.lastname@example.org or by regular mail at:
Attn: Legal Department-DMCA
39300 Civic Center Dr. #220
Fremont, CA 94538, USA
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Glider upholds and respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the Glider Apps, You agree not to use any Glider App to infringe the intellectual property rights of others in any way. Glider reserves the right to terminate the accounts of any Users, and block access to the Glider Apps of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Glider reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Glider as set forth in Section 6 above.
8. Glider’s Liability.
Among other things, Glider Apps act as venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Glider does not screen or censor the listings, including Profiles offered. Glider is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Glider is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Glider makes no representations about any jobs, resumes or User Content on the Glider Apps. While Glider reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Glider Apps from time to time, Glider does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Glider Apps. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Glider Apps.
User authentication on the Internet being difficult, Glider cannot and does not confirm that each User is who they claim to be. As we cannot control the behavior of participants on any Glider App and we do not and cannot be involved in User-to-User dealings, in the event that You have a dispute with one or more Users, You release Glider (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
Glider makes no representations about the accuracy, reliability, completeness, or timeliness of any Glider App or the Glider Content. The Glider Apps and the Glider Content may contain inaccuracies or typographical errors. The use of all Glider Apps and the Glider Content is at Your own risk. Changes are periodically made to Glider Apps and may be made at any time. Glider cannot guarantee and does not promise any specific results from use of any Glider App. No advice or information, whether oral or written, obtained by a User from Glider or through or from any Glider App shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
To the extent permitted by law, in no event shall Glider be liable for the deletion, loss, or unauthorized modification of any User Content. Glider requests and encourages You to keep a backup copy of any of Your User Content.
Any of the third party products or services purchased through any Glider App, Glider does not provide or make any representation as to the quality or nature of those third party services or any other representation, warranty or guaranty of the same. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Glider may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Glider has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, GLIDER DOES NOT WARRANT THAT ANY GLIDER SITE OR ANY GLIDER SERVICES WILL OPERATE ERROR-FREE OR THAT ANY GLIDER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY GLIDER SITE OR THE GLIDER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GLIDER IS NOT RESPONSIBLE FOR THOSE COSTS. THE GLIDER SITES AND GLIDER CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GLIDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. GLIDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GLIDER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL GLIDER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY GLIDER SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY GLIDER SITE AND THE GLIDER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, GLIDER’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY GLIDER SITE OR YOUR USE OF THE GLIDER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The Glider Apps contain links to third party Websites. If You decide to access linked third-party Websites, You do so at Your own risk. These links are provided solely as a convenience to You and not as an endorsement by Glider of the contents on such third-party Web sites. Glider is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Glider App.
You agree to defend, indemnify, and hold harmless Snapwiz Inc., its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Glider App, (ii) Your use of any Glider Content, or (iii) Your breach of these Terms. Glider shall provide notice to You promptly of any such claim, suit, or proceeding.
Access to the Glider Content may not be legal by certain persons or in certain countries. If You access any Glider App You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Glider App is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Glider’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Glider’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Glider Apps, a particular “Legal Notice,” or software license or material on particular pages on the Glider Apps, these Terms constitute the entire agreement between You and Glider with respect to the use of the Glider Apps. No changes to these Terms shall be made except by a revised posting on this page.
16. Additional Terms.
17. Mobile Services.
In case of Your use of the Glider Apps through a mobile device, You agree that information about Your use of the Glider Apps through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Glider Apps through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Glider Apps using a mobile device, You represent that to the extent You import any of Your Glider data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Glider account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Glider Apps through Your mobile access provider. Therefore, You should check with Your provider to find out if the Glider Apps are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Glider Apps, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
18. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Glider App. Glider reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Glider Apps and immediate termination of Your registration with or ability to access the Glider Apps and/or any other services provided to You by Glider, upon any breach by You of these Terms or if Glider is unable to verify or authenticate any information You submit to a Glider App registration. Even after You are no longer a User of the Glider Apps, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.