1. Introduction and Acceptance of Terms
Welcome to Glowvi ("we," "us," "our"), a social networking platform designed to facilitate communication, content sharing, and social interactions among users worldwide. By accessing or using our platform, including but not limited to our mobile applications, websites, APIs, and any related services (collectively, the "Services"), you ("you," "your") agree to be bound by this User Agreement ("Agreement"), our Privacy Policy, Community Guidelines, and all other applicable terms, policies, and guidelines that may be updated from time to time.
This Agreement constitutes a legally binding contract between you and Glowvi Inc., If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement, and in such case, "you" and "your" shall refer to that organization.
If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Services. We reserve the right to modify or update this Agreement at any time. Your continued use of the Services after such notice constitutes your acceptance of the modified Agreement. It is your responsibility to review this Agreement periodically for changes.
2. Eligibility and User Accounts
2.1 Eligibility Requirements
To use the Services, you must be at least 13 years of age. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you must have the consent of your parent or legal guardian to use the Services, and your parent or legal guardian must agree to be bound by this Agreement on your behalf. By using the Services, you represent and warrant that you meet these eligibility requirements and that all information you provide to us is accurate and complete.
Individuals who have been previously banned or restricted from using the Services are prohibited from creating new accounts or accessing the Services through any other means. We reserve the right to verify your eligibility and to refuse service to anyone at our sole discretion.
2.2 Account Registration and Security
To access certain features of the Services, you may be required to create a user account ("Account"). When creating an Account, you agree to provide accurate, current, and complete information, and to update such information promptly as needed. You are solely responsible for maintaining the confidentiality of your Account credentials, including your username, password, and any other security information associated with your Account.
You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You shall be liable for all activities conducted through your Account, whether or not authorized by you, until you notify us of such unauthorized access and we have a reasonable opportunity to respond. We shall not be liable for any loss or damage arising from your failure to protect your Account credentials.
2.3 Account Management
You may terminate your Account at any time by following the instructions provided in the Services. Upon termination, your right to use the Services will immediately cease. However, certain provisions of this Agreement, including those related to intellectual property, confidentiality, disclaimers, and limitations of liability, will survive termination.
We reserve the right to suspend or terminate your Account and access to the Services at our sole discretion, without prior notice, if we believe that you have violated this Agreement, engaged in fraudulent or illegal activity, or for any other reason we deem necessary to protect the Services, our users, or third parties.
3. User Content and Conduct
3.1 User Content
As used in this Agreement, "User Content" means any content, including but not limited to text, images, photos, videos, audio, comments, messages, links, and other materials that you upload, post, transmit, or otherwise make available through the Services. You retain all ownership rights in your User Content. However, by making your User Content available through the Services, you grant Glowvi a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, publish, translate, display, and perform your User Content in connection with the operation and promotion of the Services, including without limitation for the purpose of making your User Content available to other users of the Services.
This license shall continue even after you terminate your Account, but only with respect to User Content that was posted publicly and remains available through the Services. You warrant that you have all necessary rights to grant this license and that your User Content does not infringe the intellectual property rights, privacy rights, or other legal rights of any third party.
3.2 Prohibited Content and Conduct
You agree that you will not upload, post, transmit, or otherwise make available any User Content that:
Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable;
Infringes any patent, trademark, copyright, trade secret, or other intellectual property right of any third party;
Violates the privacy or publicity rights of any third party;
Contains false, misleading, or deceptive information;
Promotes or facilitates illegal activities, including but not limited to terrorism, violence, drug use, or gambling;
Contains viruses, malware, spyware, or other harmful code;
Impersonates any person or entity, including but not limited to a Glowvi employee, or falsely states or implies an affiliation with any person or entity;
Solicits personal information from minors;
Engages in spamming, phishing, or other unsolicited commercial communications;
Promotes discrimination, hatred, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic;
Violates any applicable law, regulation, or this Agreement.
In addition to the above, you agree that you will not:
Interfere with or disrupt the Services or the servers or networks connected to the Services;
Attempt to gain unauthorized access to the Services, other users' accounts, or any systems or networks connected to the Services;
Use the Services for any commercial purpose without our prior written consent, including but not limited to advertising, soliciting sales, or promoting products or services;
Collect or store personal information of other users without their express consent;
Use automated tools, bots, or other means to access the Services or collect data from the Services without our prior written permission;
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services;
Violate any applicable laws, regulations, or third-party policies.
3.3 Monitoring and Enforcement
We reserve the right, but are not obligated, to monitor the Services and User Content for compliance with this Agreement and applicable laws. We may, at our sole discretion, remove, edit, or disable access to any User Content that we believe violates this Agreement or is otherwise objectionable. We may also take action against users who violate this Agreement, including but not limited to issuing warnings, suspending or terminating accounts, and reporting violations to law enforcement authorities.
However, we do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any User Content, nor do we endorse any opinions expressed in User Content. You acknowledge that any reliance on User Content is at your own risk.
4. Privacy and Data Protection
Your privacy is important to us. Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the collection and use of your personal information as described in the Privacy Policy.
We may collect information about you, including but not limited to your name, email address, date of birth, location, and information about your use of the Services. We use this information to provide, maintain, and improve the Services, to personalize your experience, to communicate with you, and to protect the security and integrity of the Services.
We may share your personal information with third-party service providers who assist us in operating the Services, but only to the extent necessary to perform their services and subject to confidentiality obligations. We may also disclose your personal information if required by law, or to protect our rights, property, or safety, or the rights, property, or safety of our users or others.
You have the right to access, correct, or delete your personal information, subject to certain limitations. You may exercise these rights by contacting us at liu1851yangyang@163.comor through the settings in your Account.
5. Intellectual Property Rights
5.1 Glowvi Intellectual Property
The Services and all materials contained therein, including but not limited to software, code, text, graphics, logos, images, audio, video, and other content (excluding User Content), are the property of Glowvi or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You agree not to copy, modify, distribute, sell, lease, reverse engineer, or otherwise exploit any of the Services or materials contained therein, except as expressly permitted by this Agreement or with our prior written consent. All trademarks, service marks, and logos used in the Services are the trademarks of Glowvi or their respective owners.
5.2 Reporting Infringement
We respect the intellectual property rights of others and expect our users to do the same. If you believe that any User Content or other material on the Services infringes your copyright, you may submit a notification to our Copyright Agent atliu1851yangyang@163.com containing the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
We will respond to such notifications in accordance with applicable law, which may include removing or disabling access to the allegedly infringing material. We may also terminate the accounts of users who repeatedly infringe the intellectual property rights of others.
6. Third-Party Services and Links
The Services may contain links to third-party websites, applications, or services ("Third-Party Services") that are not owned or controlled by Glowvi. We do not endorse or assume any responsibility for any Third-Party Services, including their content, privacy policies, or terms of use. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those Third-Party Services.
We encourage you to review the privacy policies and terms of use of any Third-Party Services before using them. Glowvi shall not be liable for any loss or damage arising from your use of Third-Party Services.
7. Payment and Subscriptions (If Applicable)
Certain features of the Services may be available on a subscription basis ("Subscription Services"). If you subscribe to the Subscription Services, you agree to pay the applicable fees as specified at the time of subscription. Fees are non-refundable unless otherwise stated in this Agreement or required by law.
If you do not agree to the new fees, you may cancel your subscription before the changes take effect. Your continued use of the Subscription Services after the effective date of the fee changes constitutes your acceptance of the new fees.
We use third-party payment processors to handle payment transactions. By providing your payment information, you authorize us to charge your chosen payment method for the applicable fees. You represent and warrant that you have the legal right to use the payment method you provide.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOWVI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY USER CONTENT OR OTHER MATERIALS MADE AVAILABLE THROUGH THE SERVICES.
YOUR USE OF THE SERVICES AND ANY USER CONTENT OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, DAMAGE TO YOUR DEVICE, OR FINANCIAL LOSS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOWVI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF GLOWVI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SART FOR THE USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF GLOWVI SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless Glowvi and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with:
Your use of the Services;
Your User Content;
Your violation of this Agreement;
Your violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, or other legal rights;
Your conduct in connection with the Services or other users of the Services.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any such claim without our prior written consent.
11. Governing Law and Dispute Resolution
11.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of without regard to its conflict of law principles. Any legal action or proceeding arising out of or in connection with this Agreement shall be brought exclusively in the courts and you consent to the personal jurisdiction of such courts.
11.2 Dispute Resolution
Before filing any legal action against Glowvi you agree to first attempt to resolve the dispute through informal negotiation. The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
This arbitration agreement applies to all disputes arising out of or in connection with this Agreement, including but not limited to disputes related to the Services, User Content, privacy, intellectual property, and payment. However, nothing in this Agreement shall prevent either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
11.3 Waiver of Class Actions
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Glowvi .
12. Modifications to the Agreement
We may modify this Agreement at any time by posting the modified Agreement on the Services and updating the "Effective Date" at the top of this page. Your continued use of the Services after the modified Agreement becomes effective constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using the Services.
For non-material modifications, we may provide notice by posting the modified Agreement on the Services.
13. Termination
This Agreement shall remain in effect until terminated by either party. You may terminate this Agreement at any time by discontinuing your use of the Services and terminating your Account.