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Terms & Conditions
June, 2008Scope
- The provisions of these Terms & Conditions govern the entire legal relationship between you - the validly registered user (“User”) - and “Globelite” and are applicable to all services provided to the User or offered on the Globelite Websites (“Website”) and also to all the User’s actions, contents, or other material relating to the Globelite Website. No conflicting terms of use or conditions of the User shall be applicable and are hereby rejected.
- The User enters into this agreement on the use of Services with Globelite. In so far as these Terms & Conditions also mention other users of the Globelite Website, these Terms & Conditions shall also govern the relationships between users. However, no user shall claim rights under this agreement against other users without prior consent of Globelite.
- Globelite reserves the right to amend these Terms & Conditions at any time insofar as these amendments are not unreasonable for the User. Globelite shall give due notice of any amendments of these Terms & Conditions to the User via a post on the Globelite Website or by placing a notice in the User’s personal inbox on the Globelite Website. The User agrees to be bound to any changes to this Agreement when using the Services after any such modification is posted. It is therefore important that the User reviews this Agreement regularly to ensure he/she is updated as to any changes.
Service
- Globelite is a social networking service that allows members to create unique personal profiles online in order to find and communicate with other users. The Services offered by Globelite include the Globelite Websites, the Globelite features, content, newsletters or applications offered by Globelite in connection with the Website (collectively, the "Services").
- Globelite reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
- Globelite does not take part in any communication between Users and is not responsible for or party to any agreements that Users engage in by communicating over the Globelite Website.
- Users who want to take advantage of the Service provided on the Globelite Website have to make a yearly contribution in advance of 29€.
- Globelite reserves the right to modify the Service or to offer services different from those offered at the time of the User’s registration at any time unless this is unreasonable for the User.
- The User understands that it is technically impossible to offer or warrant a 100% availability of the Globelite Website. Globelite will use reasonable efforts to keep the Globelite Website available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond Globelite’s reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the Service. In case of downtimes (e.g. maintenance etc.) the User will not get refund.
Registration
- You must be the legal person under whom you register with your name and address. Business data and all other information must be true. If any information is not true, Globelite has the right to exclude you. No refund will be paid.
- Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age
- Globelite has the right to refuse any registered member, person or other users any time without any reason.
- All order submissions as well as applications for Globelite are subject to Globelite’s approval. Globelite has the right to refuse service.
- You will be in fully functioning as soon as possible after receiving the payment. Delays may appear. The annual fee allows you the service for 12 months. In case you do not use/delete your account for the remaining prepaid period, no refund will be paid.
- If the content you post on the Globelite Website shows offensive, obscene, adult or illegal material, you will be excluded without notice and without refund. This is also the case if you send emails with similar content or bother members in our system.
- When you sign up to become a Member, you will create a password which you can change under “Settings”. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Globelite immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Globelite will not be liable for any loss or damage arising from your failure to comply with this section.
- It is up to you to regularly review the Terms & Conditions in case there are any changes. Continued use of the Website after a change has been made is to be treated as acceptance of that change by you the User.
Member Disputes
You are solely responsible for your interactions with other Globelite Members. Globelite reserves the right, but has no obligation, to monitor disputes between you and other Members.Fees
- The fee for the Globelite Membership is binding. Payments shall be due immediately upon invoicing and can be effected by any of the debiting procedures made available by Globelite. Invoices will be sent to the User by email.
- The User shall at all times provide for sufficient funds to allow for collection of any fees in the course of the debiting procedures designated by him/her. Any costs (such as bank charges etc.) triggered by the failure to do so shall be borne by the User.
- Globelite reserves the right to amend the prices for future provisions of the Service.
- If you do not cancel your membership 3 months before your prepaid period of 12 months is due, your membership will be automatically extended for another 12 months.
Content/Activity Prohibited
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Globelite reserves the right to investigate and take appropriate legal action against anyone who, in Globelite's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Globelite reserves the right to restrict the number of emails a Member may send to other Members in any 24-hour period to a number which Globelite deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Globelite, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Globelite €50 for each such unsolicited email or other unsolicited communication you send through the Services; note also that your account may be deleted in such case.
- covering or obscuring the banner advertisements on your personal profile page, or any Globelite page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Services in order to harass, abuse, or harm another person; or
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Globelite reserves the right to investigate and take appropriate legal action against anyone who, in Globelite's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Globelite:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses from other members;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
Content Posted
Globelite may delete any Content that in the sole judgment of Globelite violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Globelite assumes no responsibility to monitor the Services for inappropriate Content or conduct. If at any time Globelite chooses, in its sole discretion, to monitor the Services, Globelite nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Globelite does not endorse and has no control over the Content. Content is not necessarily reviewed by Globelite prior to posting and does not necessarily reflect the opinions or policies of Globelite. Globelite makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms & Conditions, you agree that:- You shall not disguise the origin of information transmitted through the Website.
- You will not place false or misleading information on the Website.
- You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Globelite.
- You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
- Certain areas of the Website are restricted to customers of Globelite
- You may not use or access the Website in any way that, in Globelite’s judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website.
Modification
Globelite may revise and update these Terms & Conditions at any time. Your continued usage of the Web Site after any changes to these Terms & Conditions will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Globelite. Globelite may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Globelite may establish or change, at any time, general practices and limits concerning other Globelite products and services in its sole discretion.LIMITATION OF LIABILITY
IN NO EVENT SHALL GLOBELITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GLOBELITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GLOBELITE`S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GLOBELITE FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL GLOBELITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF GLOBELITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF WARRANTIES
Globelite is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Globelite may contain links to other websites. Globelite is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Globelite. Inclusion of any linked website on Globelite does not imply approval or endorsement of the linked website by Globelite. When you access these third-party sites, you do so at your own risk. Globelite takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Globelite is not responsible for the conduct, whether online or offline, of any User of the Services. Globelite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Globelite is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Globelite be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Globelite event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Globelite expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Globelite cannot guarantee and does not promise any specific results from use of the Services.AS MENTIONED ABOVE, THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GLOBELITE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GLOBELITE DO NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR PROTECTING YOURSELF BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. GLOBELITE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Frankfurt, Munich, Palo Alto, Taipe, Tokyo, Zurich
