Glow Stick Wars, Inc. ("GSW" or "we") operates GlowStickWars.com (the "Site"), which is a content hosting and sharing service that allows Users (as defined in the following paragraph) to store images and videos and share them across the Internet and create unique personal profiles online. The services offered by GSW include the Site, content (including, without limitation, images, video and accompanying audio) hosting and sharing on the Site and third party sites, applications and services, content editors, links to partner providers, printing and other photographic merchandise, GSW APIs, and any other features, content, mobile services, GSW branded URLs or applications offered from time to time by GSW in connection with GSW's business (collectively, the "GSW Services"). The GSW Services are hosted in the United States.
GSW may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by GSW on the Site. Your continued use of the GSW Services after GSW posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the GSW Services and that you make available directly or indirectly to other Users. Your GSW profile and any Content that you upload to GSW may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other GSW Users (for instance, in their profile or images/videos) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and GSW assumes no responsibility or liability for this material. If you become aware of misuse of the GSW Services by any person, please email email@example.com and include in your email a URL to the material in question.
GSW reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the GSW Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. GSW expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the GSW Services if GSW determines, in its sole discretion, that you have violated this Agreement or pose a threat to GSW and/or its Users.
Member Disputes. You are solely responsible for your interactions with other Members. GSW reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
Disclaimers. GSW is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the GSW Services, whether caused by Users of the GSW Services or by any of the equipment or programming associated with or utilized in the GSW Services and such Content does not necessarily reflect the opinions or policies of GSW. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. GSW is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by GSW. Inclusion of any linked website on the GSW Services does not imply approval or endorsement of the linked website by GSW. When you access these third-party sites, you do so at your own risk. GSW takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the GSW Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. GSW is not responsible for the conduct, whether online or offline, of any User of the GSW Services. GSW assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. GSW 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 on any of the GSW Services 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 GSW Services. Under no circumstances shall GSW be responsible for any loss or damage, including personal injury or death, resulting from use of the GSW Services, from any Content posted on or through the GSW Services, or from the conduct of any Users of the GSW Services, whether online or offline. The GSW Services are provided "AS-IS" and as available and GSW expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GSW cannot guarantee and does not promise any specific results from use of the GSW Services.
Limitation on Liability. IN NO EVENT SHALL GSW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GSW SERVICES, EVEN IF GSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GSW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GSW FOR THE GSW SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the GSW Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the GSW Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without regard to its conflict of law provisions. You and GSW agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any dispute arising out of the Agreement or the GSW Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Indemnity. You agree to indemnify and hold GSW, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GSW Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the GSW Services causes GSW to be liable to another.
Protecting Copyrights and Other Intellectual Property. GSW respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. GSW has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the GSW Services in a way that constitutes copyright infringement, please follow the procedures set forth in the GSW Copyright and IP Policy.
Other. This Agreement is accepted upon your use of the Site or any of the GSW Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and GSW regarding the use of the GSW Services. The failure of GSW to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
Your privacy is critically important to us. At GSW we have a few fundamental principles:
Glow Stick Wars, Inc. (“GSW”) operates the website www.glowstickwars.com. It is GSW’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, GSW collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. GSW’s purpose in collecting non-personally identifying information is to better understand how GSW’s visitors use its website. From time to time, GSW may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
GSW also collects potentially personally-identifying information like Internet Protocol (IP) addresses. GSW does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to GSW’s websites choose to interact with GSW in ways that require GSW to gather personally-identifying information. The amount and type of information that GSW gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at glowstickwars.com to provide a username and email address. Those who engage in transactions with GSW – by purchasing Show Sticks, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, GSW collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with GSW. GSW does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
GSW may collect statistics about the behavior of visitors to its websites. GSW may display this information publicly or provide it to others. However, GSW does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
GSW discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on GSW’s behalf or to provide services available at GSW’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using GSW’s websites, you consent to the transfer of such information to them. GSW will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, GSW discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when GSW believes in good faith that disclosure is reasonably necessary to protect the property or rights of GSW, third parties or the public at large. If you are a registered user of an GSW website and have supplied your email address, GSW may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with GSW and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. GSW takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Notification of Copyright Infringement
GSW respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, GSW will respond expeditiously to notices of alleged infringement that are reported to GSW's Designated Copyright Agent, identified in the sample notice below.
Notices of Alleged Infringement for Content Made Available Through the GSW Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the GlowStickWars.com website (the "Site") by completing the following notice ("Notice") and delivering it to the Designated Copyright Agent.
GSW does not permit copyright infringing activities through its services and will, if properly notified that content infringes, remove or disable access to such content. GSW reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, GSW will also terminate users whom it determines to be repeat infringers.
A poster of allegedly infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When GSW receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please return the following form to the GSW Copyright Agent.
GSW may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize GSW to release information about you if required by law or subpoena, without notice to you.
You agree that you, and not GSW, are responsible for any violations of any intellectual property rights in any content that you upload to the Site.
Notification of Trademark Infringement
If you believe that your trademark (the "Infringed Mark") is being used by a user in a way that constitutes trademark infringement, please provide GSW's Copyright Agent (specified above) with the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit GSW to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the Infringed Mark(s) claimed to have been infringed, including (i) for registered Infringed Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law Infringed Marks, evidence sufficient to establish the time period and geographic area in which the Infringed Mark has been used by you;
4. Information reasonably sufficient to permit GSW to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark owner.
Upon receipt of notice as described above, GSW will confirm the existence of the Infringed Mark on the Site, notify the Registered User who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from the Site. A Registered User may respond to notice of takedown by showing either (a) that the Infringed Mark has been cancelled, or has expired or lapsed or (b) that the Registered User has a trademark registration, an unexpired license covering the use, or some other relevant right to the Infringed Mark. If the Registered User succeeds in showing either (a) or (b) then GSW will not remove the Infringed Mark. If GSW decides to comply with a takedown request, it will do so within a commercially reasonable time after receipt of the notice.
Notwithstanding the foregoing, GSW will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
Rights of Publicity and Use of Name or Likeness
GSW respects the rights of individuals to exploit their own name, voice, signature, photograph or likeness and prohibits its users from posting Content that would otherwise misappropriate a third party's right of publicity. If you think that your right of publicity is being misappropriated as a result of the content on the Site, please provide GSW's Copyright Agent (specified above) with the following information:
1. Information reasonably sufficient to permit GSW to identify the Content containing your likeness;
2. Your name, address, telephone number and, if available, your email address;
3. A statement that you, or in the case of a minor, your parent or legal guardian, (the "Authorizing Party") has not authorized the challenged use, and that the use is not otherwise authorized by law; and
4. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Authorizing Party or that you are authorized to act on behalf of the Authorizing Party.
Upon receipt of notice as described above, GSW will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, with notice to the Registered User in question, unless, prior to such removal, the Registered User in question sufficiently demonstrates that he or she has appropriate authorization or consent to use your likeness.
Notwithstanding the foregoing, GSW will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.