TERMS AND CONDITIONS

 

Last Updated: May 28, 2018

ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms and Conditions (“Agreement”) is made between Globig Inc. (“Globig”) and You, or if You represent an entity or other organization, that entity or organization (in either case “You”).

  1. Acceptance of Terms and Conditions
  2. Electronic Communications
  3. Data and Privacy
  4. Links to Third-Party Websites
  5. Disclaimer
  6. License Grants and Restrictions
  7. Registration and Accounts
  8. Ratings and Reviews, Content, and “Ask Globig” Questions
  9. Fees and Payments
  10. Warranties
  11. Termination
  12. Publicity
  13. Changes to the Terms and Conditions
  14. Governing Law
  15. Notice and Procedure for Making Claims of Copyright Infringement
  16. Contact Globig

1.  Acceptance of Terms and Conditions

By using this website (the “Site”) in any way, including using, transmitting, downloading, or uploading any of the services or functionality (the “Service”) made available or enabled via the Site by Globig, or merely browsing the Site, You agree to these Terms and Conditions (“Terms”) and the Privacy Policy, which is incorporated herein by reference. You may not use the Service, or accept these Terms, if (a) You are not of legal age to form a binding contract with Globig; or (b) You are prohibited by law from receiving or using the Service. If You are entering into these Terms on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these Terms, in which case “You” or “Your” shall refer to such entity. Globig makes the Service available only if You have become a member (“User”) of Globig by creating a Username, such as Your email address, and a password.

YOU MAY NOT ACCESS THE SERVICES IF YOU ARE OUR COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

2.  Electronic Communications

When You use Globig, or send e-mails, text messages, and other communications from Your desktop or mobile device to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

3.  Data and Privacy

Your privacy is important to Globig, and we go to great lengths to protect it. In respect to Your use of the Site and Services and in relation to any personally identifiable and other data and information You provide to Globig through the Site and Services, You expressly consent to the use and disclosure of that data and information as described in Globig’s then-current Privacy Policy displayed on the Site (“Privacy Policy”).

4.  Links to Third-Party Websites

Links to third party Websites on this Site are provided solely as a convenience to You. If You use these links, You will leave this Site. Globig has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Globig does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk.

5.  Disclaimer

THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Globig further does not warrant the accuracy and completeness of the materials and information on this Site. Globig may make changes to the materials on this Site, or to the products and prices described in them, at any time without notice. The materials on this Site may be out of date, and Globig makes no commitment to update the materials at this Site. Information published on this Site may refer to products, programs or services that are not available in Your country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

6.  License Grant and Restrictions

A.  License Grant: Subject to the terms and conditions of this Agreement, Globig grants You a non-exclusive, non-transferable license to use the Service solely for Your internal business purposes.

B.  Limitations: You agree that You will not: (a) permit any party to access and/or use the Service, other than the Users authorized under this Agreement; (b) rent, lease, loan, or sell access to the Service to any third party; (c) interfere with, disrupt, alter, translate, or modify the Service or any part thereof, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, any external websites that contain Third Party Content and that are linked to via the Service; (d) reverse engineer or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service; (e) without Globig’s express written permission, introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Service; (f) perform or publish any performance or benchmark tests or analyses relating to the Service or the use thereof; or (g) cover or obscure any page or part of the Service via HTML/CSS, scripting, or any other means, if any. Except as expressly set forth herein, no express or implied license or right of any kind is granted to You regarding the Service or any part thereof.

C.  License to Globig Content: Globig hereby grants You a license to view, download and print Content provided by Globig (“Content”), subject to the following conditions: (a) You may access and use Globig Content solely for informational and internal purposes, in accordance with these Terms; (b) You may not modify or alter Globig Content; (c) You may not distribute or sell, rent, lease, license or otherwise make Globig Content available to others; and (d) You may not remove any copyright or other proprietary notices contained in Globig Content. Globig reserves the right to revoke the authorization to view, download and print the Content at any time, and any such use shall be discontinued immediately upon notice from Globig. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Globig.

D.  Intellectual Property Ownership: The Service and all Intellectual Property Rights in the Service, the Content and any of the Globig’s proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs, and other tangible or intangible technical material or information made available to You by Globig in providing the Service (“ Technology”). Globig Technology are the exclusive property of Globig. You hereby assign to Globig any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You related to the Service, the Content or the Technology. Except as expressly set forth herein, no express or implied license or right of any kind is granted to Customer regarding the Service, the Content or the Technology, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Technology. All rights not expressly granted to You are reserved to Globig.

7.  Registration and Account

A.  Registration: To take advantage of Globig’s resources, including the Globig Expansion Planner, You must create an account. To register for a Globig account, complete the signup form, a link to which can be found on the Globig Homepage. You must verify Your email address by clicking the verification link Globig sends to Your email address at the time of registration.

B.  Usernames and Passwords: When You become a member, You will be required to create a Username, such as Your email address, and a password to access the Service. Each username and password may only be used to access the Service during one (1) concurrent login session. You acknowledge and agree that only Users are entitled to access the Service with the username and password You create. You will ensure that each username and password issued to a User will be used only by that User. You are responsible for maintaining the confidentiality of all Users’ usernames and passwords, and are solely responsible for all activities that occur under these usernames. You agree (a) not to allow a third party to use Your account, usernames, or passwords at any time; and (b) to notify Globig promptly of any actual or suspected unauthorized use of Your account, usernames or passwords, or any other breach or suspected breach of these Terms. Globig reserves the right to terminate any username and password, which Globig reasonably determines may have been used by an unauthorized third party. User licenses cannot be shared or used by more than one individual User, but may be reassigned from time to time to a new User who is replacing a former User who has terminated employment or otherwise changed job status or function and no longer uses the Service.

8.  Ratings and Reviews, Content, and “Ask Globig” Questions

You may post reviews and submit questions, through our “Ask Globig” Service, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Globig reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If You do post a review or submit a question, and unless we indicate otherwise, You grant Globig a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Globig the right to use the name that You submit in connection with such content, if we choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Globig for all claims resulting from content You supply.

All Ratings and Reviews of a Vendor displayed in the Marketplace to You reflect the opinions of other members, and do not reflect or represent the opinions or representations of Globig. Globig disclaims any and all representations or warranties with regard to the Ratings and Reviews. Globig has the right but not the obligation to monitor and edit or remove any activity or content. Globig takes no responsibility and assumes no liability for any content posted by You or any third party.

9.  Fees and Payments

If you select paid services such as Consulting, Influencer Marketing, and the Marketplace Listings, these terms will apply to you. The Globig paid platform will have custom and separate terms for each customer.

A.  Fees: You agree to pay Globig all fees set forth in each Order or Confirmation and any fees otherwise specified on the Site or through the Services (“Fees”). All fees will be billed as indicated in each Order or Confirmation.

B.  Payment by credit card: You authorize us to charge Your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of Your payment information to such third party.

C.  Payment Information: You will keep Your contact information, billing information, and credit card information (where applicable) up to date. Billing changes may be made in Your Settings under the Accounts tab. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in these Terms. All fees are due and payable in advance throughout the Subscription Term.

D.  Collections: If Globig requires the use of collection agencies, attorneys, or courts of law for collection on Your account, You will be responsible for those expenses.

10.  Warranties

Globig offers a no risk, money back guarantee on the purchase of the Globig Expansion Planner. If You are not completely satisfied with the value that You receive, we will refund Your money. To initiate a refund, simply click on the blue Support tab on Your Globig Dashboard and send us a message detailing why You are requesting a refund  along with Your email contact information. Globig will respond to Your request within fourteen (14) to initiate the refund.

11.  Termination

This agreement may be terminated by Globig, at any time, in Globig’s sole discretion upon breach by You of these Terms and Conditions. Without limiting Globig’s right to terminate this Agreement, Globig may also immediately and indefinitely suspend Your access to the Site or Services, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms and Conditions or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Site or Services by Globig.

Upon termination or expiration of this Agreement for any reason: 1) all rights granted to You under this agreement will terminate; 2) You will immediately cease all use of and access to the Site and Services; 3) You will immediately either return to Globig or, at Globig’s discretion, destroy the Globig Content, Account IDs, Globig Confidential Information, and other information related to this Agreement in Your possession or control; 4) Globig may delete any of Your Content held by Globig within 10 days after the date of termination. Section 3 (Data and Privacy), Section 4 (Links to Third Party Websites, Section 4 (Links to Third Party Websites), Section 5 (Disclaimer), Section 6 (License Grants and Restrictions), Section 10 (Warranties), Section 11 (Termination), Section 14 (Governing Law) will survive any expiration or termination of this Agreement.

12.  Publicity

You grant us the right to add Your name and company logo to our customer list and website.

13.  Changes to the Terms and Conditions

Globig may change the Terms from time to time at its sole discretion. Amendments to the Terms shall become effective when we publish the revised Terms on the Globig website. If Globig makes any substantial changes, we will notify You by sending You an email to the last email address You provided to us and/or by posting notice of the change on the Site. Please note that at all times You are responsible for updating Your Personal Data to provide us with Your most current e-mail address. Any material changes to these Terms will be effective upon the earlier of seven (7) calendar days following our dispatch of an email notice to You or seven (7) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new Users of our Site or Service.

Globig may require You to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. Otherwise, Your continued use of the website following such notification shall constitute Your affirmative acknowledgement of the changes and Your agreement to abide and be bound by the Terms and Conditions, as amended. If at any time You choose not to accept the Terms and Conditions, including following receipt of notification of any changes hereto, then please terminate Your subscription to the Site through Your Globig account. Please regularly check the Site to view the then-current Terms.

14.  Governing Law

The interpretation of the rights and obligations of the parties under Terms, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Colorado, U.S.A. or in state court in Boulder, Colorado U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Globig.

15.  Notice and Procedure for Making Claims of Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please submit Your complaint to us directly through email to legal@globig.co. We respond quickly to the concerns of rights owners about any alleged infringement.

In Your email, please provide us with this information:

  • A contact name with an address, telephone number, and email address;
  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on the site;
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • 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.

The Globig Legal Team for notice of claims of copyright infringement on its site can be reached by email at legal@globig.co.

16.  Contact Globig

Globig welcomes Your comments and questions regarding these Terms and Conditions. If You believe Globig has not adhered to these Terms and Conditions, please contact Globig at legal@globig.co.