Terms of Service
Welcome to Glownet !
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY
These Terms of Service (the “TOS”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Glownet (“we,” “us”, “our”) concerning your access to and use of the Glownet platform and services (a) online through various Glownet properties including without limitation, glownet.com, and custom white branded websites ("Site(s)"); (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services, other forms of media, media channels; and (c) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). (a), (b), and (c) are collectively referred to as "Glownet Properties" or our "Service(s)".
You agree that by accessing Glownet Properties, you have read, understood, and agree to be bound by all of these TOS. If you do not agree with all of these TOS, then you are expressly prohibited from using the Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOS at any time and for any reason. We will alert you about any changes by updating these TOS, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these TOS to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOS by your continued use of the Services after the date such revised TOS are posted. The information provided on the Site(s) is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site(s) from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register to the Service(s). All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these TOS prior to you using the Services.
1. About Glownet
Glownet properties are owned and managed by Glownet DWC-LLC, an Dubai company with a place of business at 534B, Building A3, Dubai South Business Center, Dubai, UAE.
When these TOS use the term “Company”, “Glownet”, “We”, “Us” or “Our” that refers to Glownet DWC-LLC, and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees. The contracting entity on the other side of these Terms is as follows:
• If you are a Merchant located in any other jurisdiction, you are contracting with Glownet DWC-LLC, a Dubai company with a place of business at 534B, Building A3, Dubai South Business Center, Dubai, UAE.
2. What is Glownet
Glownet is a technology and service provider for events and venues.
Glownet provides solutions for ticketing, access control, online and offline payments, cashless payment, accreditation, device management and additional tools to power the customer and merchant experience.
3. Merchants & Customers
When these Terms of Service uses the term “Merchant”, “Seller” or "Organizer" we mean event creators using the Services to create, list or promote events for consumers using our Services (a) to consume information about, or purchase tickets for events from Merchants ("Consumers"), or (b) for any other reason. Merchants, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users", "you" or "your".
If you are a Merchant offering events with paid tickets, Glownet’s Merchant Agreement and Merchant Refund Policy Requirements are also applicable to you.
If you are a third party interacting with our Services not as a Merchant or a Customer, the API TOS or Trademark and Copyright Policy might be applicable to you. Please be on the lookout for additional terms and conditions displayed with certain Services that you may use from time to time as those will also be applicable to you.
4. What the "Terms of Service" Means
These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Glownet’s "Terms." These Terms are a legally binding agreement between you and Glownet governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
5. Glownet’s Services and Role
Glownet Services provide a simple and quick means for Merchants to create event profiles, Merchant profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online, offline or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the Glownet Properties.
Glownet is not the creator, organizer, merchant or owner of the events, products or items listed on the Services. Rather, Glownet provides its Services, which allow Merchants to manage ticketing and registration and promote their events. The Merchant is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Merchant of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Consumers must use whatever payment processing method the Merchant selects. If the Merchant selects a payment processing method that uses a third party to process the payment, or, if the Merchant collects payments directly from the Consumer, then neither Glownet nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Merchant’s designated payment provider. If a Merchant uses Glownet’s Payment Processing Partners (as defined in the Merchant Agreement), Glownet also acts as the Merchent’s limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Merchant.
6. Privacy and Personal Information
6.2 If you are a Merchant, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) customers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) customers.
7.1 These TOS apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Glownet decides it's best to part ways as described in Sections 7.2 or 7.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 7.4, certain provisions will always remain applicable to both you and Glownet.
7.2 Glownet may terminate your right to use the Services at any time (a) if you violate or breach these TOS; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Glownet; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Glownet to legal liability. Glownet may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Glownet’s sole discretion, failure to do so would materially prejudice you. You agree that Glownet will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
7.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Glownet, you may terminate your access to the Services and the general applicability of TOS by deleting your account. If you are a Customer using the Services without a registered account, your only option for these TOS to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these TOS remain in effect. If there is a separate agreement between you and Glownet governing your use of the Services and that agreement terminates or expires, these TOS (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
7.4 All provisions of these TOS that by their nature should survive termination of these TOS will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
8. Release and Indemnification
This is where you agree to cover Glownet if you use the Service in a way that causes Glownet to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
8.1 Release. You hereby agree to release Glownet from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
8.2 Indemnification. You agree to defend, indemnify and hold Glownet and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Glownet’s collection and remission of taxes; and (e) if you are an Merchant, your events (including where Glownet has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Glownet’s gross negligence or willful misconduct. Glownet will provide notice to you of any such Claim, provided that the failure or delay by Glownet in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Glownet may choose to handle the Claim ourselves, in which case you agree to cooperate with Glownet in any way we request.
9. Disclaimer of Warranties and Assumptions of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Glownet expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Glownet makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Glownet has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Merchants in connection with events) or the ability of any User to perform or actually complete a transaction. Glownet has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Glownet requires to provide the Services, that a Merchant chooses to assist with an event, or that you choose to contract with when using the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
10. Limitation of Liability
10.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Glownet and any person or entity associated with Glownet’s provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Glownet has been advised of the possibility of such damages); or (b) Your Content. In addition, other than the obligation of Glownet to pay out Event Registration Fees in certain circumstances to certain Merchants under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of Glownet or Associated Parties is limited to the following:
10.1.1 for Merchants of events with paid tickets, and subject to the terms of the Merchant Agreement, the fees (net of Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
10.1.2 for Merchants of events with free tickets only, Consumers or other Users, the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim.
10.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. 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 willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
11. License to the Glownet Services
11.1 License to Services
11.2 Restrictions on Your License
Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
11.3 Our Intellectual Property and Copyrights
You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Glownet may own the Site Content or portions of the Site Content may be made available to Glownet through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Glownet and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these TOS and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
The trademarks, service marks and logos of Glownet (the "Glownet Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Glownet. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Glownet Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Glownet specific for each such use. The Trademarks may not be used to disparage Glownet, any third party or Glownet’s or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Glownet approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Glownet Trademark will inure to Glownet’s benefit. Site Content may also be protected by copyrights owned by Glownet and/or third parties. Please note that if you copy portions of the Services you are violating these copyrights.
11.5 Use of Sub-domains
GGlownet may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].Glownet.com) for a given event. All such sub-domains are the sole property of Glownet and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Glownet provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If Glownet terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
12. Licenses and Permits Merchants Must Obtain
If you are a Merchant, without limiting the generality of any representations or warranties provided elsewhere in these TOS, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) (c) You will only request that Glownet offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for Merchant to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Glownet permitting you to access and use the Services, you hereby agree to release Glownet, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Glownet, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Glownet from time to time.
13. Your Rights to Submit a Copyright Takedown Notice
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice by contacting us here.
14. Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
15. Fees and Refunds
15.1 Glownet Fees
Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Glownet and certain Merchants. Merchants ultimately determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Merchant out of ticket and registration gross proceeds. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by Glownet to the applicable Merchant or the standard fees described on the Services to Merchants. In addition, certain fees are meant, on average, to defray certain costs incurred by Glownet, but may in some cases include an element of profit and in some cases include an element of loss. Glownet does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
15.1 Ticket Transfers
If you wish to transfer tickets to an event you have purchased on Glownet, in some instances Glownet may be able to accommodate this for you. In all other instances, please contact the Merchant of the event to arrange for ticket transfer. If you are unable to reach the Merchant, or the Merchant is unable to arrange a ticket transfer, please contact us.
Because all transactions are between a Merchant and its respective Customers, Glownet asks that all Customers contact the applicable Merchant with any refund requests. You can find help with getting a refund here.
(a) If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Merchant has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Glownet will not be held liable under any circumstances for any costs arisen from non-compliance by Merchants with applicable procedures that must be implemented by Merchants to check validity of tickets. Glownet will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
(b) If you are a Merchant, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Glownet will not be held liable under any circumstances for any costs arisen from non-compliance by Merchants with applicable procedures that must be implemented by Merchants to check validity of tickets. Glownet will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
16. Your Glownet User Account
We may require you to create an account to access certain features or functions of the Services.
Your user account, merchant account, login and password, and related information will be valid across all Glownet Properties including but not limited to glownet.com and others.
You agree to follow certain rules when you create an account with Glownet or user the Services, including the following:
• You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
• You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
• If there is a dispute between two or more persons or entities as to account ownership, Glownet will be the sole arbiter of that dispute and Glownet’s decision (which may include termination or suspension of the account) will be final and binding on those parties.
• If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Glownet all permissions and licenses provided in these TOS.
• We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
• You agree to immediately notify Glownet of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
17. Your Content
Glownet does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Glownet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Glownet’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Glownet does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
17.2 Your Representations About Your Content
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
17.3 Additional Rules About Your Content
Your Content must be accurate and truthful. Glownet reserves the right to remove Your Content from the Services if Glownet believes in its sole discretion that it violates these Terms, or for any other reason. Glownet may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Glownet both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Glownet, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
18. Rules for Use of Email Services
18.1 Glownet may make available to you features and tools that allow you to contact or send automated emails to your Customers, other users of the Services, or third parties via email (the "Email Services"). If you use Email Services, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;
(d) you will only use the Email Tools to advertise, promote and/or manage your products and services listed on the “Services”;
(e) your use of the Email Tools and the content of your emails complies these TOS;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with instructions to any Customer sent to you by Glownet requesting you modify such Customer’s email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email, and you will not send any emails to any recipient who has unsubscribed from your mailing list. Transactional emails sent via Glownet automatically include such unsubscribe links;
18.2 If you violate any of these Email Services rules or if your use of the Email Services results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Glownet may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Services.
Notices to you may be sent via email or regular mail to the address in Glownet’s records. The Services may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Glownet or deliver any notice, you can do so via the contact methods listed on our “contact us” page here.
We may, without your consent or approval, freely assign these TOS and our rights and obligations under these TOS whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
21. Entire Agreement
Except as otherwise set forth herein, these TOS constitute the entire agreement between you and Glownet and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Glownet on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Glownet.
22. Third Party Websites; Linked Accounts; Third Party Offers
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Glownet has no control over such websites and resources, you acknowledge and agree that Glownet is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Glownet partners or third party service providers. For example, if you opt for using payment facilities on Glownet from a third party, your contractual relationship is with the third party payment facility provider, not Glownet.
23. Additional Miscellaneous Provisions
Our failure to enforce any part of these TOS will not constitute a waiver of our right to later enforce that or any other part of these TOS. No oral waiver, amendment or modification of these TOS will be effective. If any provision of these TOS is found to be unenforceable, that part will be limited to the minimum extent necessary; the other provisions of these TOS remain in full force and effect. Section titles in these TOS are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these TOS. We may freely assign any of our rights and obligations under these TOS. We may translate these TOS into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.
24. Applicable Law and Jurisdiction
Access to and use of the Site as well as this agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates in force at the time without regard to conflict of law provisions and all disputes arising in connection with these present TOS shall be finally settled before the Lebanese competent courts.
25. Contact us First
If you have a question or concern about the Services, please contact us first. Our customer support team is available to address and resolve your enquiry. Contact information is available here.
26. Modifications to the Terms of Service
Glownet reserves the right to modify these TOS from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the "Updated" date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutesa your acceptance of those Modifications and the updated TOS. In certain circumstances, Glownet may seek a Modification to these TOS that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Glownet. Glownet is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Glownet reserves the right to modify, replace or discontinue any part of the Services or the entire Service.