(Last updated March 03, 2008)
Welcome to GluTV!
DESCRIPTION OF SERVICE AND ACCEPTANCE
GluTV provides an online video service offering a selection of television shows, movies, sports and other content (collectively, "Content") on our website, www.glutv.com (the "Site") Our content and any other services we may offer periodically are referred to collectively as the "Service" and access to our Site and Service is subject to the following Terms and Conditions.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SERVICE. THE TERMS OF SERVICE (THIS "AGREEMENT") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND GLUTV. BY VISITING THE GLUTV WEBSITE, REGISTERING WITH, US OR USING ANY OF OUR SERVICES AT OUR WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THE "TERMS AND CONDITIONS" OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, DO NOT USE THE SERVICE.
MODIFICATION TO THE "TERMS AND CONDITIONS" BY GLUTV
GluTV reserves the right, in its sole discretion and at any time, to change, modify, add or remove portions of the Terms and Conditions. Any such change shall be effective upon posting the new "Terms and Condition" on the GluTV Site at www.glutv.com/terms. Any use of the Site and the Service by you after the new terms and conditions have been posted will indicate your agreement to such change. Therefore, it is important that you read this page regularly and stay informed of the most updated terms.
REGISTRATION
In registering with GluTV, you will have to give us certain information about yourself, all of which must be accurate and updated. Information collected from you by us is governed by the GluTV Privacy Policy which is available at www.glutv.com/privacy. You are responsible for all use of or activity on your account, including the use of your account by any third party authorized by you to use your name and password and also any fraudulent use of your account and password by anyone not authorized by you. You must inform GluTV immediately if you suspect your account has been fraudulently used or been compromised in any other way. Any fraudulent, abusive, or otherwise illegal activity on your part may lead to termination of your account. GluTV, in its sole discretion, also reserves the right to refer you to appropriate law enforcement agencies for such activity.
ACCESS TO THE GLUTV SERVICE
Minors may not access this website. You must be at least 18 years of age to visit the GluTV website or use any of our services. GluTV grants you a limited license to access the GluTV Site and make personal, non-commercial use our Services. GluTV owns and retains all rights to the GluTV Services. GluTV reserves the right to modify or discontinue, temporarily or permanently, all or part of the Service without notice. In case of permanent discontinuance of the Service (other than for your breach), you will be entitled to a prorated refund representing the unused portion of any fees (from the day that service is discontinued by us) you have paid in advance.
PAYMENTS
Any fees and payments for the GluTV Service are payable in advance. Refunds for termination of service will be prorated for the unused portion of the Service.
ACCOUNTS AND REGISTRATION
Access to and use of some of our services requires registration and the creation of an account on the GluTV Site. All registration information submitted by you must be accurate and updated. You are responsible for all use on your account, including unauthorized use by any third party. Therefore it is essential that you keep your password confidential and avoid sharing it with anyone. If you know of or suspect any unauthorized use of your account, please notify us immediately at: support@glutv.com.
TERMINATION
You may terminate your account with GluTV by sending us an e-mail at: support@glutv.com. Please indicate "Account Termination Request" in the subject line to expedite our response. GluTV reserves the right in its sole discretion, to terminate your account at any time without notice or liability if GluTV determines that you have breached the terms of this Agreement, violated any law or engaged in other inappropriate conduct.
USER CONTENT
GluTV gives you the opportunity to upload, publish, transmit, or display ("Post") reviews, opinions and comments on our Site from time to time. We request that you keep your Posts relevant to what you watch at GluTV and use the Site in a responsible manner. You are solely responsible for the messages, notes, text, information, music, video, advertisements, listings, and other content that you Post ("User Content".) GluTV does not claim any ownership rights over your User Content and between you and us, you retain full ownership of all your User Content. However, when you "Post" on our Site, you automatically grant, to GluTV, a non-exclusive, fully paid, sub-licensable worldwide license to use, copy, publicly perform, display, reformat, translate, excerpt in whole or in part and distribute such User Content on the Site or in promotion thereof. You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content or otherwise have the right to grant GluTV the license provided herein; you also represent and warrant that the posting of your Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You may remove your User Content from the GluTV Site at any time. If you remove your content from the Site, the license granted above will automatically expire. However, you acknowledge that GluTV may retain archived copies of your User Content.
We at GluTV reserve the right, but have no obligation, to monitor User Content and to remove, or restrict any material that we consider inappropriate. In no event does GluTV assume any responsibility or liability for any User Content. You may report inappropriate materials to support@glutv.com.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
Except as expressly provided herein, the GluTV Service and the GluTV Site are provided "as is" and to the fullest extent permitted by law, are provided without warranties of any kind, either expressed or implied. Without limiting the foregoing, GluTV does not make any warranties of fitness for a particular purpose; or that the GluTV service will be uninterrupted, error-free, reliable or free of viruses.
IN NO EVENT SHALL GLUTV OR ANY OF OUR PARTNERS AND THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE GLUTV SERVICES, EVEN IF THE GLUTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF GLUTV OR ITS THIRD PARTY PROVIDERS FOR DAMAGES UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100). You agree to defend, indemnify and hold harmless the GluTV Parties from and against any and all liabilities, claims, damages, expenses (including attorney's fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of the GluTV Services.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
GluTV respects your intellectual property rights and asks you to do the same for others. If you believe that any Content, User Material or other material provided through the GluTV Services including through a link, infringes your copyright, you should notify GluTV of your infringement claim in accordance with the procedure set forth below. Please contact GluTV at copyright@glutv.com. (Subject line: " Copyright Takedown Request "). You may also contact us by mail or fax at:
Attention: Copyright Agent
GluTV Inc
55 South Market Street, Suite 1010
San Jose CA 95113
Fax: (408) 298-7905
You will need to provide the following:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b) a description of the copyrighted work that you claim has been infringed and the URL address or other specific location on the Site where the material you claim is infringed is located; c) your address, telephone number and e-mail address; d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law; and e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GENERAL PROVISIONS
This Agreement is governed by, and construed in accordance with the laws of the state of California without giving effect to the principles of conflict of law. You agree to submit to the exclusive jurisdiction of the courts located in Santa Clara County in the state of California. The failure of GluTV to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by GluTV in writing. In the event that a court of competent jurisdiction finds any provision within this agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. This Agreement comprises the entire agreement between you and GluTV and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Thank You for taking the time to read this Agreement.
Enjoy your GluTV experience!
