Contractual Conditions of Use of the Gloho Platform
Welcome to Gloho.com. Gloho Inc. and/or its affiliates "Gloho" provide websites features and other cloud-based products and services to You when You visit, use or shop at Gloho.com, use Gloho cloud-based products and services, use Gloho applications for mobile and smart devices, use software provided by Gloho (collectively, “Gloho Services”), including any other subdomains thereof, and any other websites whose domain is owned, controlled, operated or powered by Gloho and through which Gloho makes its services available (collectively “Site”). The Site and the Gloho Services together are hereinafter collectively referred to as the “Gloho Platform”
Gloho is growing and our Services are very diverse, and sometimes additional terms may apply. Additional terms will be available with the relevant Gloho Service and you also will be subject to the guidelines, terms and agreements applicable to that Gloho Service ("Customer Terms of Service"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. Should You object to any of our Terms, Policies, Conditions or documents related directly or indirectly thereto, Your sole option is to immediately cease Your access or use of our Platform. By clicking a registration or new account submission button, or by otherwise You access or use our Platform, you agree to be bound by this Conditions of Use, as updated from time to time.
The Gloho Platform provides an online marketplace that enables registered customers and certain third parties “Advertisers”, to offer their services and to place advertisements (each, an "Ad" and collectively, "Ads") of residential and commercial property listings “Advertiser data” for sale or rent, and You may search, view, interact and communicate directly with Advertisers when seeking information on their Advertisement offers of property listings and services. For the purpose of these Conditions of Use “Advertiser data” is defined in Section bellow.
The Services are not intended to, provide financial or real estate advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Services. As the provider of the Gloho Platform, please note that Gloho is not an agent, broker, Realtor®, builder, developer or any other type of real estate service provider. We do not own, create, sell, resell, provide, control, manage, offer, or supply any Advertiser data. Advertisers alone are responsible for their Advertiser data and their accuracy and for fielding enquiries relating to the listing data and their services. Gloho does not act in any capacity for an Advertiser or participate in any communication or contractual relationship between You and Advertisers nor in any part of a subsequent transaction. You agree that we host the Services and content in good faith, in the manner in which they are made known "as is", or "as made available" and we have not verified them, and we make no representations, warranties or guarantees, whether express or implied.
Gloho does not warrant that the Services, content, Advertiser Data, links, or subdomains contained on, or associated with our Platform will be available and accessible to You at all times. We may change the path or location of a link or sub-domain, or redirect the Services and content contained within a link or subdomain on our Sites at any time without prior notice to You. We do not warrant that any links that You forward will remain constant at the time that You forward or share them, as they are subject to change at any time without notice to You. Gloho may restrict the availability of our Sites or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of our Sites. Gloho may make the access to and use of our Sites, or certain areas or features of our Sites, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or determine the history and records of Your activities within our Sites. Due to the nature of the internet, Gloho does not guarantee that our Services, content, Sites, functions, or materials provided will be uninterrupted or error-free or that the defects will be corrected, and You agree that Gloho will not be liable for any damage by viruses that could infect Your computers due to access, use or browsing of the Sites.
You acknowledge that any reference to an Advertiser as being “verified” (or similar language) only indicates that the Advertiser has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee that the Advertiser: (i) is registered, duly licensed to conduct any type of real estate business, or has obtained permits to act or market real estate on behalf of clients or general public, or (ii) identity, performance, conduct or background is trustworthy, safe or suitable. You must always exercise due diligence and care when deciding whether to contact or accept a communication or interaction with an Advertiser either online, by telephone or in person, it is entirely at Your own risk and responsibility.
You may need Your own “Gloho Account” to use the Platform, and You may be required to be logged in to the account and have a valid payment method associated with it. You can register an account using an email address and creating a password, or (if Available) through our account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between Your Gloho Account and Your SNS account at any time, by accessing the "Settings" section of our sites.
You must provide accurate, current and complete information during the registration process and keep Your Gloho Account and public Gloho profile page information up to date at all times.
You may not register more than one (1) Gloho Account unless Gloho authorizes You to do so. You may not assign or otherwise transfer Your Gloho Account to another party, and neither You have not been previously suspended or removed from our Platform.
You are responsible for maintaining the confidentiality and security of Your Gloho Account (“Credentials” such as: email, password, user name, payment method), and not disclose Your Credentials to any third party, and you agree to accept responsibility for all activities that occur under your Account or Credentials. You must immediately notify Gloho if You know or have any reason to suspect that Your Credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of Your Account. You are responsible for any and all activities conducted through Your Gloho Account on and the use of Your Credentials by any person whether authorized or not by You.
Certain Gloho Services may enable features that allow You to authorize other users or certain third parties to take certain actions that affect Your Account or relevant Service. For example, we may activate access to an Advertiser”s associated User to help Advertiser upload Advertiser data. These features do not require that You share Your credentials with any other person. No third party is authorized by Gloho to ask for Your Credentials, and You shall not request the Credentials of another registered individual.
In accessing or using our Platform You agree that You will not:
Use any automated device, software, process or means to access, retrieve, scrape, or index our Platform or any content or data on our Site;
Use any device, software, process or means to interfere or attempt to interfere with the proper working on our Site;
Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate Site usage;
Use or index any content or data on our Platform for purposes of: (i) constructing or populating a searchable database of listings data; (ii) building a database of listings data; (iii) competing with us in any manner that we have not specifically authorized;
Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
Use our Platform or any content or data from our Platform in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
Pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
Act in violation of any Terms, Policies, Conditions or all documents related directly or indirectly thereto posed by us or any applicable law;
Reproduce, duplicate, retransmit, modify, republish, create, distribute, translate, exhibit, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or any content or data on our Sites, any franchise right, any pyramid scheme, membership to a club or group, sales representation, commercial agency or any business opportunity without payment or with some type of advance payment or periodic payments, requesting the recruitment of other individuals, sub-distributors or sub-agents, or in any way exploit our Platform or any content or data on our Site, except as expressly authorized by us; or
Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting Your conduct to any person or entity.
The Gloho Platform, Content, and Advertiser data may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that our Gloho Platform and Content including all associated intellectual property rights, are the exclusive property of Gloho and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Gloho Platform, the Content or Advertiser data. All trademarks, service marks, logos, trade names and any other sources identifiers of a Gloho used on or in connection with the Gloho Platform and Content are trademarks or registered trademarks of Gloho in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Gloho Platform and/or indexed content are used for identification purposes only and may be the property of their respective owners. Gloho grants You permission to download copyrighted material only for private and non-commercial purposes. Beyond such use, reproduction or use of the Gloho copyrighted material must obtain a written permission directly from us or from the owner of the corresponding copyright.
Our Platform often include advertisements, hyperlinks and pointers to websites operated by third parties. These third-party services may be subject to different terms and privacy practices. Links to third party websites include, without limitation, links to the websites of some of our Advertisers. Those third party websites do not form part of Gloho and are not under the control of or the responsibility of Gloho. When You link to those websites You leave our Platform and do so entirely at Your own risk. Gloho and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and Gloho and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by You through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by Gloho.
To promote our Platform and to increase the exposure of Ads to the general public, Advertisers data and Advertiser services may be displayed on other websites, in applications, in emails, in communications, SMS messages, and in online and offline advertisements. To assist Advertisers and the general public who speak different languages, Content, Ads and Advertisers data and Advertiser Services may be translated, in whole or in part, into other languages. Gloho cannot guarantee the accuracy or quality of such translations and Advertisers and the general public are responsible for reviewing and verifying the accuracy of such translations. Our Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
In this section “Advertiser data”, means electronic data and information summited by You or for You or is collected by You or for You, including without limitation, listings, data, text, URL”s, inquires, photographs, videos, virtual tours, still images, audio clips, written posts, reviews, feedback, comments, software, scripts, graphics, interactive features or other material that Gloho has permitted You to host, share, publish, post, store or upload on our Platform as permitted under these Conditions of Use, may be referred to as “Submissions”.
Gloho may at any time, without liability to You, remove, alter or disable access to any or all of Your Advertiser data in its sole discretion without prior notice to You. Without limiting the previous sentence, Gloho may remove or disable access to any or all Your Advertiser data if it considers that:
Advertiser data is in breach of any law or regulation;
Advertiser data infringe the intellectual property rights of any third party;
It is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
Advertiser data is: (i) misleading or deceptive; (ii) inappropriate having regard to the purpose of our Services; (iii) likely to cause offence; (iv) materially incorrect; (v) obscene; (vi) defamatory; (vii) otherwise unlawful; or (viii) corrupted, due to the presence of a virus or other disabling code.
You retain all of Your ownership rights in Your Advertiser data. Gloho is under no obligation to treat Your Advertiser data as proprietary information.
To the extent that any Advertiser data is proprietary in nature, You grant Gloho a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, translate, create derivative works from and display and publicly perform Your Advertiser data throughout the world in any medium, whether currently in existence or not. You also grant each Advertiser of our Platform a nonexclusive license to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform Your Advertiser data as permitted by Gloho and these Conditions of Use.
You grant Gloho, in respect of Advertiser data to its Site the right to use Your name or the name You submit with the Advertiser data, and, the right to represent and warrant that:
You own and control all of the rights to the Advertiser data; and
You have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorize Gloho to display the Advertiser data.
For any Advertiser data that You may retain moral rights in, You declare that:
You do not require that any personally identifying information be used in connection with the Advertiser data or any derivative work, upgrade or update of the Advertiser data; and
You understand that when accessing our Platform, You may be exposed to the Advertiser data of other Advertisers of our Platform. You acknowledge and agree that Gloho does not have control of and is not responsible for these other Advertiser data. You release Gloho from any claims that You could assert against Gloho relating to or in connection with these other Advertiser data.
You represent and warrant that:
You have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorize Gloho to display Your Advertiser data; and
You will not make any Advertiser data that: (i) infringe the intellectual property rights of any third party, and You agree to pay all royalties, fees or other monies payable by reason of any Advertiser data made by You; (ii) are misleading or deceptive; (iii) are materially incorrect; (iv) are likely to cause offence; (v) directly or indirectly involve the advertising or marketing of any products or services; (vi) are obscene, including pornographic, hateful, racially or ethnically offensive material; (vii) are defamatory; (viii) are otherwise unlawful or encourage unlawful conduct; or (ix) are otherwise inappropriate having regard to the purpose of our Services.
Our Platform contain content provided to Gloho by other parties (Third Party Content). Gloho does not have a practice of monitoring or making inquiries about Third Party Content. Gloho is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Gloho. You rely on Third Party Content completely at Your own risk.
Any Editorial Content or articles on our sites are of a general nature only and do not consider Your personal objectives, financial situation or particular needs. Editorial Content should not be regarded as advice or relied upon by You or any other person and we recommend that You seek professional advice before acting on the Content. For the avoidance of doubt, Editorial Content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
Gloho (if available) may offer Advertisers the option of having professional photographers take photographs to illustrate their Ads in our Platform only in certain cities, the professional photographers offered are not under our control and we do not guarantee any reliability or constitute an endorsement or recommendation on our part, You hire them directly and at Your own risk. You will ensure that the photographs are only intended to indicate the photographic representation of a listed property at the time the photograph was taken "Verified Images". You are responsible for ensuring that Your Ads are accurately represented in the Verified Images and You will stop using the Verified Images on or through our Platform if they no longer accurately represent your Ads, or in the event that You stop offering the Ads, or if any of the parties to this agreement terminates or suspends Your Gloho Account on our Platform for any reason. You acknowledge and agree that Gloho shall have the right to use any Verified Images in advertisement, marketing and/or any other business purposes in any media or websites, whether in relation to Your Ads or otherwise, without further notice or compensation to You. Where Gloho is not the exclusive owner of Verified Images, by using such Verified Images on or through our Platform, You grant to Gloho an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertisement, marketing and/or any other business purposes in any media or websites, whether in relation to Your Ads or otherwise, without further notice or compensation to You. Gloho in turn grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of our Platform solely for Your personal and non-commercial use.
You may only link to content on our Platform if we consent. If we do allow You to link to our Platform, it is on condition that You do not:
Attribute a link to Gloho Content as being a link to Your own or someone else”s Content (for example, use Your own logo to link to our Content);
Attribute a link to our Site and then link somewhere else;
Frame our Content in such a way as to present it as Your own or as belonging to anyone other than us; or
Link to our Content as part of a website that aggregates property listings and/or information or competes with us in any manner.
We reserve the right to require that You do not link to our Content and we may exercise this right by giving notice to You. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
You represent and warrant that:
You will make sure that You keep Your “Credentials” such as: (“username”, “password”, “register user”, “payment method”) by which You access to our Platform, confidential and secure at all times; and
You accept all liability for any unauthorized use of any Credentials issued except for unauthorized use resulting from any negligent act or omission legally attributable to Gloho. The Credentials chosen by You are personal and non-transferable to third parties, whether or not authorized by You.
You agree that Gloho may, at its sole discretion and without prior notice, disable Your access or use our Platform at any time and for any reason, with or without cause. You agree that Gloho will not be liable to You or any third party for the termination of Your access or use of our Services as a result of any breach of the agreement or for any reason. You agree, that we reserve the right not to respond to any request for information for any reason or no reason. You also agree that any breach by You of any of our Terms, Policies, Conditions or all documents related directly or indirectly thereto, may constitute an illegal and unfair business practice that may cause irreparable harm to Gloho for which monetary damages would be inadequate. You accept that Gloho obtains any precautionary or equitable measure that Gloho deems necessary or appropriate in such circumstances, without the need of a bond. These resources are in addition to any other resource that Gloho may have by law or in equity.
Access and use of our Platform are not authorized in any jurisdiction that does not enforce all the provisions of our Terms, Policies, Conditions or all documents related directly or indirectly thereto, including this section. Gloho does not guarantee that our Platform or any aspect thereof is available or appropriate for use in locations outside of the United States. Those who decide to access our Platform outside of the United States do so at their own risk and are responsible for compliance with their local laws and regulations. You confirm that this Conditions of Use and our Terms, Policies, or all documents related directly or indirectly thereto be drafted in the English language and any monetary amounts is stated or referred in U.S. currency.
The currency conversion (if available) is provided for illustration purposes only. It is meant only as an approximation based on the latest information available and should not be relied upon for any other purposes. We are not responsible for any loss that You may incur as a result of relying on these currency conversions. All listing data prices are as stated by the Advertiser.
Metric conversion and calculation are provided for illustration purposes only. It is meant only as an approximation based on the latest information available and should not be relied upon for any other purposes. We are not responsible for any loss that You may incur as a result of relying on these metric conversions and calculations. If You spot an error on Gloho Platform, we would be grateful if You could report it to us here and we will endeavour to correct it as soon as possible.
If You choose to provide feedback, comments and suggestions for improvements to the Gloho Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Gloho Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to You. By submitting Feedback to us, You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use the Feedback in any manner and for any purpose, including the improve of the Platform or create other products and services, without compensation to You.
The Gloho Platform, Content, other Gloho technology, and derivatives thereof may be subject to export laws and regulations of the United States. Gloho and You each represent that it is not named on any U.S. government denied-party list. You will not permit any person to access or use the Gloho Platform or Content in a U.S.-embargoed country or region (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea) or in violation of any U.S. export law or regulation.
You agree to release, defend (at Gloho option), indemnify, and hold Gloho and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of these Terms, Policies, Conditions or all documents related directly or indirectly thereto, (ii) Your improper use of our Platform or any of our Services, (iii) Your interaction with any Advertiser of our Platform, their participation in an experience, event or other Advertiser Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) or make interactions that are not in accordance with these Conditions of Use or (v) Your breach of any laws, regulations or third party rights.
You release Gloho, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands You may assert against any third party arising out of our Platform.
THE GLOHO PLATFORM, SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOHO PLATFORM ARE PROVIDED BY GLOHO ON AN "AS IS", "AS AVAILABLE", “WITH ALL FAULTS” BASIS, AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER, UNLESS OTHERWISE SPECIFIED IN WRITING. GLOHO AND ITS SUPPLIERS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GLOHO PLATFORM, SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOHO PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GLOHO PLATFORM IS AT YOUR SOLE RISK, TO THE FULL EXTENT PERMISSIBLE BY LAW. GLOHO AND ITS SUPPLIERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. GLOHO DOES NOT WARRANT THAT THE GLOHO PLATFORM, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOHO PLATFORM, GLOHO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GLOHO ARE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS OR UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PLATFORM OR ANY MATERIALS AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY GLOHO ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE CONDITIONS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PLATFORM, YOUR DEALING WITH ANY OTHER ADVERTISER OR INDIVIDUAL, AND ANY MATERIALS, INCLUDING ALL ADVERTISER”S DATA AND SERVICES, AND GLOHO MATERIALS, AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE PLATFORM AND ANY ASSOCIATED WEBSITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT WILL GLOHO OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE GLOHO PLATFORM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOHO PLATFORM FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE , LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE CONDITIONS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE PLATFORM OR ANY MATERIALS ON THE PLATFORM, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF GLOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOHO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF GLOHO AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE CONDITIONS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO GLOHO FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE CONDITIONS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
By using any Gloho Service, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and our Terms and Policies, and all documents related directly or indirectly thereto, and any dispute of any sort that might arise between You and Gloho. By using any Gloho Service, You irrevocably and unconditionally submit to the jurisdiction of the courts of King County Washington.
Gloho is committed to participating in a consumer-friendly dispute resolution process. To that end, You agree to a two-part process before initiating an arbitration: (1) You and Gloho each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. You will contact Gloho Customer Service Team here, provide a brief, written description of the dispute and Your contact information. If after a good faith effort to negotiate and allow 30 days to pass, the dispute has not and cannot be resolved informally, the following apply; (2) Any dispute or claim relating in any way to Your use of any Gloho Service, will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You and Gloho may choose to have the arbitration conducted by telephone or video conference, based on written submissions, or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree not to export from anywhere any part of the Services provided to You, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Conditions of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Conditions of Use. If any part of these Conditions of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Conditions of Use will continue in effect. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement. Gloho may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign these Conditions of Use, or assign, transfer or sublicense Your rights, if any, in the Services. Gloho's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Conditions of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between You and Gloho with respect to the Services and supersede all prior or contemporaneous communications of any kind between You and Gloho with respect to the Services. The following sections of these Conditions of Use shall survive any termination of these Conditions of Use: “Account registration”, “Restrictions on use of websites”, “Advertiser data”, “Third party link and advertising”, “Third party content”, “Feedback”, “Termination”, “Indemnity”, “Disclaimer of warranties and limitations of liability”, “Governing Law”, “General”, “Consent to Communications”, “Policies, modifications, and severability”, “Dispute resolution”, “Release”, “Manner of Giving Notice”, and “Contact information”.
Gloho works constantly to improve our Platform, so we update our Conditions, Terms and Policies along with the Platform. We reserved the right to make changes from time to time and without notice to You, so please regularly review the most current versions via our Platform or at Your Gloho Account. Additionally, in order to optimize the Platform operation, we are constantly testing and evolving the Platform offered. We reserve the right to modify or discontinue any portion of the Platform at any time without warning. You agree that we may make such changes and reverse or modify them at any time, without notice; no such change to the Platform shall be construed to have any effect whatsoever on the substantive terms of this Agreement nor to reduce the binding effect of this Agreement on You.
Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices and all other notices to You will be addressed to the relevant Gloho Account information. You must keep all of Your account information current.
The Platform is offered by Gloho, Inc. and its affiliates, located at 2202 8th Street, Unit 2712, Seattle, WA 98121. You may contact Gloho by sending correspondence to that address or emailing to here.