TERMS OF USE
Welcome to (Glimznow) Platform. This Terms of Use (“Terms”) is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time. This document is generated by a computer system and does not require any physical or electronic signature.
1. INTRODUCTION
1.1 These Terms constitute a legal and binding agreement between you, the user (“User”, “You”, “Your”, “Yourself”) and (GLIMZNOW PVT LTD), a company duly incorporated under the Companies Act, 2013, having its registered office at (F-404, Bajrang Bali Tower, Vidhyadhar Nagar, Jaipur, Jaipur, Rajasthan, India, 302039) and its subsidiaries or affiliated companies (“GLIMZNOW PVT LTD”, “We”, “Us” and “Our”) concerning your access and use of Services subscribed and/or accessed through the Platform (defined below).
1.2 These Terms shall govern your use of services provided through the Platform (“Services”). The Services shall include, inter alia, access to the content available on the website available at (https://www.glimznow.com) and all mobile application associated thereto (collectively, referred to as the “Platform”), including access to content available on (GLIMZNOW) (defined below).
1.3 We encourage and advise all Users to read and understand these Terms prior to making use of the Platform and the Services. Your use of, and access to, the Platform and Services is subject to these Terms. These Terms shall be read with the terms of the Content Creator Privacy Policy published on the Platform. You may access and read the Content Creator Privacy Policy accessible here at (Creator Privacy Policy).
1.4 By visiting or accessing the Platform, registering and creating an account on the Platform, uploading any content on the Platform, using and availing the Services available on the Platform, providing any information on the Platform, and otherwise making use of the Platform, whether impliedly or expressly, You acknowledge and accept these Terms and enter into a binding contract with (GLIMZNOW PVT LTD).
2. DEFINITIONS
In these Terms, the following words and expressions, unless the context otherwise requires, shall have the following meanings set forth below:
2.1 ‘Account’ shall refer to the account created by a User on the Platform by providing User Information, in order to avail the Services;
2.2 ‘Applicable Law’ shall mean the applicable laws, statute, rule, regulation, ordinance, guideline, by-law, or subordinate legislation of India as well as all amendments to the same which come into force from time to time;
2.3 ‘(GLIMZNOW) shall refer to the feature available at (https://www.glimznow.com/) on the Platform for Users to access content generated, uploaded, published and/or displayed by third-party content creators;
2.4 'Policies and Guidelines' shall mean all policies and/or guidelines applicable to Users, as made available by (GLIMZNOW PVT LTD) from time to time; and
2.5 'User' shall mean and include any Content Creator, Viewer who accesses or uses the Platform in any manner.
2.6 'User Information' shall mean information relating to a User and the User’s Account, including User’s personal information and/or financial details and other information. User Information may be required to be provided by User(s) at the time of registering an Account and/or subsequent to the time of registration (such as at the time the User avails any Services on the Platform.
3. ACCEPTANCE OF TERMS AND GENERAL CONDITIONS
3.1 By accessing or using the Platform in any manner (such as through registering an Account, and/or using or accessing any of the Services, and/or subscribing the Platform), You declare that You have read, understood, and accepted the provisions of these Terms in full and hereby agree to comply with, and be bound by, the Terms.
3.2 You are requested to read these Terms and the Privacy Policy carefully and understand the same before acceptance. If you do not understand, approve of and accept the provisions of these Terms and/or the Privacy Policy, You must not register an Account, access and/or use the Platform or Services in any manner whatsoever.
3.3 By accepting these Terms, You affirm that you are 18 years of age or above and are fully competent to agree to these Terms, and to abide by and comply with these Terms. Your acceptance to these Terms shall indicate that You have the right, authority, and legal capacity to agree to the Terms and that You have read, understood, and agree to be bound by the same.
4. USER ACCOUNT AND MEMBERSHIP
4.1 To enable Your access and use of the Services available on the Platform, You have to register as a User by providing applicable User Information and creating an Account.
4.2 You agree and acknowledge that any information that You provide is true, accurate, complete and updated.
4.3 By using the Platform in any manner, such as through registering an Account, using or accessing any of the Services, and /or subscribing the Platform, You represent and warrant to (GLIMZNOW PVT LTD) that You:
a) are not a minor and have the legal right, capacity, and power to accept the provisions of these Terms as per Applicable Laws;
b) have read, understood, and agree at all times to abide by the provisions of these Terms as well as any other Policies and Guidelines published on the Platform which are binding and enforceable against You;
c) are solely and entirely responsible for any activity, including any act or omission, that occurs on or through Your Account. This includes the responsibility of providing correct, valid, complete, accurate and up-to-date User Information at the time of registering an Account and at any time required thereafter and ensuring that the User Information is provided, maintained, and updated regularly as and when necessary, in accordance with these Terms;
d) agree that it will be Your responsibility to maintain control over, and security of, Your Account. In case of any breach of security or any unauthorized activity of the Account, You shall immediately contact and notify us at (Contact@glimznow.com) In no event shall (GLIMZNOW PVT LTD) be liable for any losses caused by any unauthorized use of Your Account; and
e) are qualified to register an Account, access, and use the Platform and Services, and meet all requirements under these Terms read together with the applicable Policies and Guidelines published on the Platform.
5. USE OF (GLIMZNOW)
Your use of the (GLIMZNOW) on the Platform shall be governed by Content Creator Agreement, and by accessing the (GLIMZNOW) available on the Platform, You agree to be bound by such Content Creator Agreement set forth below:
a) Content Creator Agreement accessible here:(Creator Agreement); and
b) Content Creator Privacy Policy accessible here: (Creator Privacy Policy)
6. USER OBLIGATIONS AND RESPONSIBILITIES
6.1. The Services are provided to You by (GLIMZNOW PVT LTD) for Your personal and non- commercial use only. Consequently, the Users are prohibited from using the Services for commercial purposes or for any other purpose not contemplated under these Terms.
6.2. You acknowledge and accept that if You provide any information that is untrue, inaccurate, not current or incomplete as part of the User Information, and/or We have reasonable grounds to suspect that any User Information provided by You is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We have the right, at Our sole discretion, to:
(i) request You to promptly update or correct such User Information; and/or
(ii) immediately and indefinitely suspend Your Account, block Your access to the Platform, terminate and/or delete Your Account and/or refuse provide any current or future Services to You.
6.3. You shall not reverse engineer, decompile, disassemble, make a derivative work or otherwise attempt to derive source code or other trade secrets from the Platform / Services in any manner whatsoever. No part of the Services shall be reproduced or transmitted to or stored in any other website/ application, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor including in any public or private electronic retrieval system or service without prior written permission of (GLIMZNOW PVT LTD).
6.4. You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of the Platform and/or Services whether electronically, mechanically, or otherwise, in any form for any purpose not expressly permitted by the provisions of these Terms, including any attempt to violate the security thereof.
6.5. You acknowledge and agree that in case of non-compliance with the Terms, Privacy Policy, or any other Policies and Guidelines, (GLIMZNOW PVT LTD) reserves the right to refuse registration of Your Account, or terminate Your Account, or cancel Your Account or remove non-compliant information, as the case may be.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. ‘Intellectual Property Rights’ shall mean all copyright, patents, trademarks, logo marks, service marks, trade names, brand names, trade secrets, design rights and similar proprietary rights or equivalent rights of (GLIMZNOW PVT LTD) its parent, affiliates and/or its licensors and/or other respective owners and are protected under the Applicable Laws. Any infringement of the Intellectual Property Rights will be considered illegal and shall be vigorously defended and pursued to the fullest extent permitted by Applicable Law.
7.2. All rights and interest in intellectual property comprised in the Platform and Services are and will remain the exclusive property of (GLIMZNOW PVT LTD) and/or its licensors as may be applicable.
7.3. The intellectual property must not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, whether directly or indirectly. Any copying or reproduction of these materials for commercial purposes without consent is prohibited.
8. CHANGES TO THESE TERMS
(GLIMZNOW PVT LTD) reserves the right to add or change/modify the Platform or these Terms at any point of time. Any changes relating to these Terms will be posted on the Platform and it is the responsibility of the User to refer to these Terms on accessing the Platform. Changes could be made by (GLIMZNOW PVT LTD) after the first posting of these Terms to the Platform at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Platform shall be deemed your conclusive acceptance of the modified Terms.
9. DISCLAIMER OF WARRANTIES AND LIABILITIES
9.1. You agree that Your Access of the Platform and Services is at Your free will. You agree and acknowledge that the Services and all material are provided “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to Applicable Laws, (GLIMZNOW PVT LTD) disclaims all liability, express or implied, including but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title and non-infringement.
9.2. (GLIMZNOW PVT LTD) does not warrant that the availability of or functions contained in the Platform and/ or Services will be uninterrupted, or error free or that defect will be corrected, or free from virus or other harmful components. (GLIMZNOW PVT LTD) does not warrant or make any representations regarding the use or result of the use of the Platform and Services in terms of correctness, reliability, accuracy or otherwise.
9.3. The Platform and Services may provide link of other website(s) maintained or controlled by third parties and (GLIMZNOW PVT LTD) does not control such third-party website(s) and is not responsible for any transactions on such website(s).
9.4. (GLIMZNOW PVT LTD) and its parent, affiliates, directors, employees and associates shall not be liable, at any time for any loss and/or damage arising directly or indirectly (including, without limitation, special, incidental and/or consequential loss and/or damage) arising in contract, tort or otherwise from the use of or inability to use the Services or from any action taken (or refrained from being taken) as a result of using the Services or due to any unavailability of the Services or any part thereof or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Services. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
9.5. Any hyperlinks to or from the Services for information purposes and are for your convenience only. (GLIMZNOW PVT LTD) accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such Services or loss arising directly or indirectly from defects with Services. (GLIMZNOW PVT LTD) neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these Services.
9.6. Part of the Platform and Services will contain advertising and other material submitted to (GLIMZNOW PVT LTD) by third parties. (GLIMZNOW PVT LTD) accepts no responsibility for advertisements or promotions appearing on the Platform and/ or Services. Advertisers are responsible for ensuring that material submitted for inclusion on the Services complies with Applicable Laws. (GLIMZNOW PVT LTD) will not be responsible for any advertiser’s claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. You deal with such advertisers or promoters on your own accord and on their terms.
10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless (GLIMZNOW PVT LTD), its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Services, harmless from and against all losses, expenses, damages and costs including but not limited to attorneys’ fees, other expenses that arise directly or indirectly resulting out of or from your breach of these Terms, your violation of the undertaking, representation and covenants as mentioned above and/or your activities in connection with the Platform and Service.
11. SEVERABILITY
If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, then that provision, or portion thereof, shall be deemed invalid from these Terms and shall not affect the validity and enforceability of any remaining provisions.
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall, in all respects, be governed and interpreted by, and construed in accordance with the laws of India. The courts at Jaipur, Rajasthan shall have exclusive jurisdiction over any disputes arising under these Terms. Notwithstanding the foregoing, User agrees that (GLIMZNOW PVT LTD) has the right to bring any proceedings before any court/ forum of competent jurisdiction and User conclusively submits to the jurisdiction of such courts or forum.
13. GRIEVANCE REDRESSAL
If any User or aggrieved person has any complaint or grievance in respect of any content on the Platform or any breach of Our Terms, Privacy Policy or any other Policies and Guidelines (‘Grievance’) the same can further be addressed to Our designated Grievance Officer:
Name – Raghav Sarda
Email - Contact@glimznow.com
Grievance may also be shared to the Grievance Officer in writing at the following address: (GLIMZNOW PVT LTD) (F-404, Bajrang Bali Tower, Vidhyadhar Nagar, Jaipur, Jaipur, Rajasthan, India, 302039).