Glowlit Terms of Use

Revised: July 11, 2019.

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date. For other users who registered accounts before the revision date, it will become effective thirty (30) days after the revision date.

These Terms of Use (the "Terms") govern your access to and use of our websites, emails and mobile applications ("Glowlit"). These Terms also include our Privacy and Cookie Policy. By accessing and using Glowlit, you agree to comply with these Terms. If you are using Glowlit on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use Glowlit if you do not agree to the version of the Terms posted on Glowlit at the time you access Glowlit. The Glowlit websites, emails and mobile applications are fully owned by Sorpol Ltd. (The terms "we" and "us" refer to Sorpol, Ltd., a company based in Israel.)

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Eligibility to Use Glowlit

A. To access or use Glowlit, you must be at least 18 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Glowlit. Except as set forth above, or as otherwise approved by us, Glowlit is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Glowlit if we have terminated your account or banned you.

Your Glowlit Account

Glowlit Account. In order for you to create a Glowlit account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us 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. Passwords are subject to cancellation or suspension by Glowlit at any time. When you set up an individual user account on Glowlit, we create a member profile (a "Profile") for you that will include personal information you provide. Because your anonymity on Glowlit is important, your Profile does not include or link to information about price inputs and/or product information you submit to Glowlit.

Social Sign Up and Sign In. You may be able to register an account and subsequently access Glowlit through a social networking site, such as LinkedIn ("Social Networking Site"). If you access Glowlit through a Social Networking Site you agree that we may access, make available through Glowlit, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Glowlit via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Glowlit, personally identifiable information that you post to that Social Networking Site may be displayed on Glowlit. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.

Using Glowlit

Third-Party Content on Glowlit. Content from other users, advertisers, and other third parties is made available to you through Glowlit. "Content" means any work of authorship or information, including, advertisements, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Glowlit. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on Glowlit.

We allow users to post content about purchases they made when the user passed Glowlit’s price verification algorithm. We consider all verified user uploaded price entries as sales of products and present this information as Content on Glowlit. While we provide the option for Glowlit users to specify the category of their purchase after they pass our verification system (e.g Purchased, In Negotiations, etc.), we do not consider this a requirement.

House Rules. You represent and warrant that you will use Glowlit solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Glowlit ("Your Content"). You agree that by submitting or authorizing Your Content for use on Glowlit, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of Glowlit violates applicable law or any third-party right.

You agree that you will not:

Links to Third-Party Websites. Glowlit may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Glowlit, our terms and policies do not govern your use of third-party websites.

Price Estimates. In certain markets we may offer Price estimate features, such as estimating a specific price of a product in a certain market. Unless otherwise indicated, we estimate base price only and do not include the value of other logistics and financial services or other forms of compensation. Though we may offer sellers the ability to supplement or replace our price estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified sales, guarantees of actual purchases. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement Glowlit's price estimates with other research. If you have other questions or want to provide other feedback on price estimates, please contact us here.

Special Provisions Applicable to Advertisers

This provision applies to all advertisers. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.

Enforcement by Glowlit

Removal of Content. While Glowlit has no obligation to do so, Glowlit reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Glowlit (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on Glowlit that you believe violates our policies, you may report that Content by contacting us here. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you. For more information please see our Legal FAQs.

Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Glowlit; suspending your rights to use Glowlit; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

Rights to Your Content

We do not claim ownership in any Content that you submit or authorize for use to Glowlit, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on Glowlit, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Glowlit's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Glowlit and to make Content submitted to or through Glowlit available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Glowlit. You should only submit Content to Glowlit that you are comfortable sharing with others under the terms and conditions of these Terms.

Rights to Glowlit Content

Glowlit contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Glowlit owns and retains all property rights in Glowlit. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Glowlit solely for your personal use in connection with using Glowlit. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Glowlit or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Glowlit.

###Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "Glowlit Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Glowlit, including due to or arising from your breach of any provision of these Terms.

Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

Any emails or email notifications corresponding with any activity on Glowlit or any other communications service, product, or feature provided on or through Glowlit, are provided solely as a courtesy.

Glowlit assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any price information on the range of products listed on the site.

You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Glowlit. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Glowlit, whether caused by users or by any of the equipment or programming associated with or utilized in Glowlit. We assume 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 communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Glowlit 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 Glowlit. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Glowlit or from any Content posted on Glowlit or transmitted to users, or any interactions between users of Glowlit, whether online or offline.

Glowlit is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Glowlit will meet your requirements; (2) Glowlit will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Glowlit will be accurate or reliable.

You hereby release the Glowlit Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL THE GLOWLIT GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF GLOWLIT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE GLOWLIT GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF GLOWLIT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

Termination

These Terms remain in effect while you use Glowlit and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Glowlit, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Glowlit. For the avoidance of doubt, you agree that these Terms apply to your use of Glowlit and any Content posted on Glowlit at any time prior to the termination or expiration of these Terms.

Changes to Terms

We may revise these Terms from time to time by posting an updated version on Glowlit. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Glowlit is subject to the most current effective version of these Terms.

Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Glowlit.

Other

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Glowlit and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Glowlit's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."

Please contact us with any questions regarding these Terms by contacting us here.