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Terms and Privacy

The original version of this document was written in French (France). In the event of a disparity between the translation of this document and the original version, the latter shall take precedence.

Conditions of use applicable as of: 24 october 2012.

These Conditions of use shall be used to determine the relationship between: GLOWBL, a company under French law whose head office is located at 81 rue d'Inkermann, 69006, Lyon, France, and which operates the website www.glowbl.com, hereafter referred to as "GLOWBL", "we", "us", "our Services" or "our platform";

And

Users of the website referenced under domain name www.glowbl.com, according to the identity provided by them when creating their user account on said website, hereafter referred to individually or collectively as "Member(s)", "the User", "Users" or "you".

Welcome to Glowbl

Discover what is Glowbl ►

Use of our Services

Service registration

There are two different ways to register for Glowbl Services:

Registration via an existing network: the Glowbl platform allows you to register for our Services using a login and password created on other social networks such as Facebook, Twitter, Google+, Viadeo, LinkedIn, Soundcloud or Yammer. This registration method requires you to accept these Conditions of use.

This registration method allows you to quickly create an account using the data you have provided on the various social networks that you use. If you decide to register directly on our social network at a later date, this data will not be removed.

Your avatar and username are the same as those used on the social network.

Direct registration: you may decide to create a Glowbl user account directly without going through the above-mentioned social networks. To do so, you will need to fill out the registration form created for this purpose; when filling out the form, Members must confirm they have read and accept these Conditions of use.

Your avatar is a default avatar, and your username corresponds to that provided during registration.

Member accounts and security

In the case of registrations via an existing network, the personal data that you agree to provide is considered to be accurate. Under no circumstances can you use the account of another user without their authorisation, and you must immediately inform us of any unauthorised use or violation of your account. Glowbl shall not be held liable for losses resulting from unauthorised use of your account.

In the case of direct registrations, users of Glowbl Services are required to provide accurate personal information (name, age, e-mail address, etc.).

The following conditions must be respected by all users of Glowbl Services:

  1. You shall only create a single personal profile and shall not create an account for another individual without their authorisation.
  2. The information contained in your profile must be accurate and up-to-date.
  3. You must not use Glowbl if you are aged under 13.
  4. If we delete your account, you shall not create another one without our authorisation.
  5. You shall not use your profile for commercial purposes, such as selling your status updates to an advertiser.
  6. You shall not use Glowbl if you have committed an offence related to sexual violence.
  7. SIf you use an inappropriate username, Glowbl reserves the right to modify it (in the event of a conflict with a registered trademark or famous personality, for example, where you have not used your real name).

Passwords

You alone shall be responsible for protecting the password created to access our Services, as well as for all actions and activities carried out after authentication of your password.

We strongly encourage you to use a complex password containing upper- and lower-case letters, numbers and special characters.

Your password is confidential. Under no circumstances should you communicate it to anyone, allow another individual to access your account, or act in any way that would compromise the security of your password.

Glowbl shall not be liable for any harm caused by negligence on your part in relation to the advice provided above.

Specific features applicable to minors

The Glowbl platform is happy to welcome Internet users who are minors but have reached the minimum age of 13.

The specific measures put in place to protect minors who use the Glowbl platform rely on the accuracy of the date of birth provided by members.

It is therefore up to parents and/or parental guardians to verify the accuracy of the information provided to us.

It is also their responsibility to monitor the use of our Services by minors under their care.

Certain technical specifications related to the age of our users have been put in place, especially in relation to the default parameters that limit the public availability of personal data and the careful control of spaces created for the use of such data.

In order to guarantee optimum security for minor users, Glowbl has created a specific Livestage exclusively for the use of these minors.

Acceptance of these Conditions of use

When registering for Glowbl Services, users must accept these Conditions of use by ticking the relevant box.

User rights and obligations

Your rights

Your user license

Glowbl grants you a global license that is free, non-assignable, personal, non-exclusive and non-transferable, allowing you to use the software made available by Glowbl as part of its Services. The attribution of this license enables you to use and benefit from the Services provided by Glowbl in accordance with these Conditions of use.

Your content and our Services

Terms & conditions

As a holder of a Glowbl member account and by activating the various social networks connected to your account, you agree to provide our Services with the profile data that corresponds to these social networks, as authorised by said networks.

Our Privacy Policy explains how and for what purposes we use your profile information.

The technology put in place by Glowbl is based on the sharing of Internet content of all types and the dissemination of your data, which you have directly placed on our website.

By making your content publicly available on our platform, you agree that other users, free of charge and for exclusively personal purposes, can view this content on the website.

We endeavour to create the most attractive platform possible; this is why the number of applications enabling you to share content on our platform is constantly expanding.

Under no circumstances shall you attribute or attempt to attribute the work of others to yourself; failure to respect this condition may result in liability. Content shared on Glowbl shall under no circumstances be altered or modified for any reason whatsoever, especially where the objective of such an alteration or modification is to deceive other users about the intellectual origins of the shared content.

Glowbl claims no property rights over text, files, images, photographs, videos, musical performances, authorial works, applications or any other content that you transfer, submit, post or place online via or in connection with Glowbl Services.

Glowbl nonetheless reserves the right, in the case of content made publicly available, to reproduce and publicly represent said content on any medium and to adapt the format thereof for this purpose, within the terms of these Conditions of use and for the sole purpose of promoting our Services.

Published content is the sole responsibility of the user who makes it available.

Glowbl does not support any of the opinions expressed via our Services and cannot guarantee that the information and content published by its users are exhaustive, truthful or reliable.

Glowbl makes every effort to offer you a secure Service. Nonetheless, you must understand that it is impossible to process all of the content circulating on our platform and that you may be confronted with content that is offensive, insulting, inaccurate or inappropriate, or in some cases, messages that have been badly or incorrectly tagged.

Under no circumstances shall Glowbl be held liable in any way following any damage or losses caused by the use of content, including for example where a content error or omission has been made, irrespective of the way in which said content has been transferred or made available via our Services.

Content shared on Glowbl but based on an external site

Glowbl Services offer the possibility of posting content on our platform that is hosted by other services. In such cases, Glowbl acts only as a medium for the display of content originally placed online by a third-party application which retains the source of said content.

The intellectual property rights associated with content shared in this way via Glowbl are protected by the source website's systems for securing content and verifying copyright attribution. In order to understand how your intellectual property rights are made secure on these websites, you should refer to their Conditions of use and related appendices.

For example, a video taken from the web application You Tube and made available on our platform fully remains the property of its original author, as declared and validated by You Tube. The systems put in place by these content editors and designed to secure data and recognise digital fingerprints provide a guarantee that the associated rights will not be violated.

You shall under no circumstances attempt to falsify or disguise the source of content that you decide to share or any information that enables the attribution of the content to its true author.

Complaints of intellectual property rights violations relating to the display of such content shall be systematically transferred to the host websites, which alone are responsible in the first instance for securing your data.

For the general purposes of protecting personal data and intellectual property rights and making online interactions secure, Glowbl shall, within the scope of what we deem to be reasonable, take all necessary steps to resolve conflicts that arise between one of our members and an application that is external to our Services.

Content stored via upload/download

Glowbl Services allow you to share your own content on our platform. This Service is accessible by applications bearing the Glowbl logo « Glowbl Apps ».

In this respect, you act as a content editor and retain full ownership of the rights associated with the production of intellectual works (intellectual property rights). It is up to you to ensure that you effectively hold such rights and that you are not infringing the rights of any third party.

This implies that you use the Glowbl platform as a medium to display your own work. The content and information that you publish or import using Glowbl Apps belong to you, and you can register this content in your personal folder.

The content that you create and decide to share using our Services is stored on our servers and is accessible via your personal folder.

Glowbl reserves the right to apply a maximum quota of stored content per user; this is currently limited to 100 GB for each member account.

Having published your content, you retain all of the rights over it to which you are entitled.

The rights attributed over such content continue to be applicable for the entire legal duration of the protection of your content, even if you stop using our Services.

Glowbl does not retrieve any information about this content and under no circumstances acquires any right over it.

Glowbl makes every effort to ensure you enjoy secure use of our platform. Nonetheless, you must understand that the intrinsic nature of the Internet is such that any fraudulent attempt by a user to retrieve content cannot be considered to fall within the scope of Glowbl's responsibilities.

Members' behaviour

In using the Services provided by Glowbl, Members agree:

  1. To provide or transfer accurate information about themselves when registering for and using the Website. The use of a false identity or the usurpation of another's identity is forbidden and may lead to the closure of your user account;
  2. To respect current legislation, third-party rights and the contractual provisions contained herein;
  3. To respect the intellectual property rights of third parties and not to use, share or disseminate texts, photographs, sound clips or any other content that may infringe copyright, trademark restrictions or the rights of individuals;
  4. Not to disseminate, data, information or content that is erroneous, defamatory, insulting, offensive, violent (or which incites hatred), pornographic and/or relating to child pornography, political, racist or xenophobic, or generally speaking any content which infringes the laws and regulations currently in force;
  5. Not to disseminate data, information or content that would impinge upon, destructure or prevent the normal usage of the Website;
  6. Not to interrupt and/or slow down the normal circulation of communication between Members;
  7. Not to use our Services for the mass dissemination of unsolicited messages (advertising or other);
  8. Not to use any robot software or equivalent automated procedure or tool to navigate around our Website and/or use our Services;
  9. Not to harm the image reputation of Glowbl.

Any behaviour that contravenes these conditions may, at our discretion, lead to the deletion of the fraudulent user's account without notice and without the possibility of compensation.

As a user of Glowbl Services, you are not authorised:

  1. To enter, use or alter the non-public areas of our Services or the information systems belonging to Glowbl;
  2. To probe, scan or test the vulnerability of any system or network, or infringe or circumvent any security or authentication systems;
  3. To access or attempt in any way (whether automated or not, including by Proxy) to access our Services other than by using the public interface provided by Glowbl (within the scope of these Conditions of use), except where you have been expressly authorised to do so by our Services;
  4. To falsify a TCP/IP packet header or any part of the information contained in the header of an e-mail or post issued by our Services;
  5. To make use of the term "Glowbl" or any of the logos, domain names or other distinctive signs belonging to Glowbl;
  6. To use, copy, record, adapt, modify or create derivative works, or distribute, sell, transfer, publicly display or execute, or transmit any content belonging to Glowbl or its users;
  7. To use the Services to send information that has been altered, is deceitful or whose source has been falsely identified;
  8. To disrupt, interrupt or suspend (or attempt to do so) the access of any user, host or network by any means whatsoever, including by sending a virus or carrying out operations against our Services such as overloading, flooding, spamming or mail-bombing;
  9. To script the creation of content designed to interfere with or generate an unjustified burden on the Services;
  10. To divert or attempt to divert the functions of our Services away from their normal usage as defined herein.

Our rights and obligations

Our intellectual property

The Glowbl website is our exclusive property. We grant you a global license that is free, non-assignable, personal, non-exclusive and non-transferable, enabling you to access and use our platform conditional upon your acceptance and adherence to these Conditions of use.

Commercial use of our Website can only be made possible by securing express authorisation from our Services.

Under no circumstances can you hide or modify (or attempt to hide or modify) any copyright, trademark or other intellectual property right incorporated within the Website, including but not limited to software, images, text, graphics, illustrations, logos, patents, trade brands, service brands, copyright, photographs, sound clips or videos.

Restrictions on content and the use of our Services

Glowbl reserves the right at all times (although is not obliged or liable towards you in this regard):

  1. To delete or refuse to publish content on our Services, especially where third-party rights have been violated (intellectual property rights, privacy rights, patents, etc.);
  2. To suspend or close user accounts at our discretion;
  3. To retrieve user names.
Divulging user information

Glowbl also reserves the right, within the scope of what we deem to be reasonably necessary, to access, read, keep and divulge any information in order to:

  1. Satisfy all applicable laws or regulations or any legal procedure or administrative requests;
  2. Enforce these Conditions of use (which includes searching for possible violations thereof);
  3. Detect, anticipate or deal with problems of fraud or security or any other technical problem;
  4. Respond to requests for assistance from Glowbl users;
  5. Protect the interests, assets and security of Glowbl, its users and the wider public.
Connecting and interacting with other users

Glowbl users alone are responsible for their exchanges with other users.

Glowbl reserves the right to limit your use of our Services and the number of connections you establish with other users, and to prohibit you in some cases from entering into contact with other users through our Services.

Glowbl reserves the right, although is not obliged, to monitor any conflicts that may arise between you and other users, and to restrict, suspend or close your account if Glowbl decides, at its discretion, that such a procedure is necessary in order to apply the contractual provisions contained herein.

Use of email address information

When you register to use our website, you are giving us your email address and we use it to send messages relating to your registration, the use of our services by yourself or by any other users, as long as you are directly affected (invitation to get onto a LiveStage for example).

You can choose to receive our newsletters relating not only to the evolution of our website and services, but also to public activities that are free and accessible from the platform.

You can stop receiving information from us. You may unsubscribe from one kind of email by clicking on the link present in the email.

Protection of privacy and copyright

Our Privacy Policy outlines how we process your personal data and how we protect your privacy when you use our Services.

By accepting these Conditions of use, you also accept our Privacy Policy, which is incorporated by reference herein (Privacy Policy).

Glowbl respects the intellectual property rights of others and expects the same attitude on the part of its users.

If you notice that content belonging to you has been used on our platform without your authorisation, please refer to the complaints procedure outlined in the section entitled Reporting abuse.

If the source of the disputed content is a third-party Glowbl application, we request that you contact the company which owns said source.

Glowbl reserves the right, at its discretion and with no liability towards you, to block the dissemination without notice of any content suspected to represent an infringement, and to close the account of any user who has been reported several times for infringements.

Warnings and limited responsibility

The purpose of this section is to outline the limited responsibility of S.A.S. Glowbl. The sub-sections below are to be interpreted in the broadest possible sense authorised by the applicable legal provisions.

In the event that certain national laws do not authorise the exclusion of certain implicit guarantees or limited responsibility clauses in contracts, these provisions will not apply to you.

Under no circumstances can the provisions outlined below be used to limit the rights of users.

Provision of Services "in their current state"

You understand and accept that the Services are provided "in their current state" and "as available".

Glowbl excludes all warranties of merchantability, whether explicit or implicit, as well as all guarantees of specific usage.

Glowbl provides no guarantee and shall not be liable with regard to:

  1. the exhaustiveness, accuracy, availability, punctuality, security or reliability of its services and content;
  2. any damage suffered by your information system, loss of data or other damage resulting from your access to or use of our services or content;
  3. the deletion of content or other correspondence managed by our Services, or any failure to keep or transfer said content or correspondence;
  4. ascertaining whether our Services meet your needs or will be available without interruption, securely or free from error.

No advice or information, whether oral or written, obtained from our Services constitutes any form of guarantee where it is not expressly included in these Conditions of use.

Our Services may contain links to third-party websites or resources. The Glowbl entities provide no guarantee and shall not be liable with regard to:

  1. the availability or accuracy of these websites or resources;
  2. the content, products or services available on or via these websites or resources.

No link towards such websites or resources can be said to constitute approval by Glowbl thereof, or of the content, products or services offered therein. You alone are responsible for the use of such websites or resources, and you do so at your own risk.

You recognise that under no circumstances shall Glowbl be held liable for your use of any third-party online services.

Limited responsibility

The Glowbl entities decline all liability for any damage suffered or loss of profit or revenue, whether suffered directly or indirectly, as well as any loss of data, usage or reputation or any intangible losses resulting from:

  1. your access to or use of the Services, or any inability to access or use the Services;
  2. any behaviour or content on the Services on the part of users or third parties, including but not limited to any defamatory, offensive or illegal conduct;
  3. content obtained through our Services;
  4. any access to, use or alteration of your correspondence or content.

Glowbl bears no obligation in relation to the verification of the identity of individuals who register for our Services. We are not required to supervise the use of our Services by other users in the online community. As a result, Glowbl cannot be held liable in the event of identity theft by one of our members or any other improper usage of your identity or data.

Cancellation

Reciprocal cancellation rights

The Conditions of use outlined herein shall continue to apply until the cancellation of our Services by you or by Glowbl.

You are entitled to cancel your agreement with Glowbl at any time and for any reason by navigating to the web page entitled Cancel my account.

Where a Member fails to respect one or more of the rules and conditions outlined herein, or in the event of a probable or actual legal risk affecting Glowbl as a result of your use of our Services, we reserve the right to temporarily suspend and/or unilaterally cancel our agreement, block the account(s) of the Member concerned, automatically delete the disputed content, prevent the publication of all or some of the Member's profile and/or temporarily or definitively block the Member's access to some or all of the Services provided by Glowbl, without any compensation.

You will be informed of this decision via a notification sent to the e-mail address associated with your account, or alternatively when you try to access your account.

Improper use of Services

In the interest of ensuring collaborative security, Glowbl has put in place a system to report fraudulent, abusive or inappropriate content in relation to the intended use of our Services.

Any individual user reported several times by other members for inappropriate behaviour or the display of content in violation of the conditions outlined in the section entitled Behaviour of members may have their account closed at our discretion following a careful assessment of the complaints made against them. Reporting abuse

Consequences of cancellation

The closure of your account by you or by our Services results in the cancellation of these Conditions of use, in particular but not limited to the user licence associated with our Services. However, the following sections continue to apply:

Your Content and our Services / Our rights and obligations / Cancellation / Warnings, exclusions Mand limited responsibility / Entirety and modification of Conditions of use / Waiver and severability / Dispute settlement

Entirety and modification of Conditions of use

These Conditions of use, together with our Privacy Policy, constitute the exclusive entirety of the agreement reached between Glowbl and its users.

Glowbl reserves the right to modify, develop or replace these Conditions of use at any time, especially pursuant to technical changes to our Services. Any such changes shall take effect as soon as they are displayed on www.glowbl.com or following any other form of notification. These Conditions of use annul and replace any previously published version.

If you do not wish to accept modifications to this agreement, you may close your account at any time in accordance with the Cancellation conditions outlined herein.

Waiver and severability

The decision by Glowbl not to seek to benefit from one of the rights or provisions contained herein should not be interpreted as a waiver of said rights or provisions. If one of the provisions contained herein were to be declared invalid, null and void or inapplicable by a court or arbitrator, said provision could then be modified so as to make it applicable and effective in a way that most closely resembled the initial intentions of the parties. If a court or arbitrator deems one or more of the provisions contained herein to be invalid or inapplicable, the validity, legality and applicability of the other provisions in the Conditions of use shall in no way be affected and shall remain fully in force.

Dispute settlement

Applicable law and jurisdiction

These Conditions of use, as well as any subsequent or associated claim, lawsuit or dispute, are governed by the laws of the French State, regardless of your home country or the country from which you access our Services.

All complaints should be brought before the relevant courts, i.e. the jurisdiction in which the service provider S.A.S Glowbl is located (81, rue d'Inkermann 69006 LYON): Lyon, France.

Compensation

Failure to respect the provisions outlined herein (including the upload of any content that violates the rights of a third party or legal provisions in force) shall result in compensation and a guarantee by you that we shall not be subjected to any harm, loss or expense or any third-party enquiry relating to said failure.

You agree to compensate us and guarantee that we shall not be subjected to any harm, loss or expense (including but not limited to reasonable legal fees) as a result of:

  1. an infringement of these Conditions of use;
  2. a claim by a third party for copyright infringement or the violation of any other intellectual property right;
  3. any content made available to Glowbl;
  4. or any activity carried out by you via your Glowbl account.

Specific terms applicable to users outside of French territory

Glowbl makes every effort to establish a community without borders and with consistent standards for all, while at the same time respecting national legislation. Users located outside the territory of France authorise the transfer, storage and processing of their data in France.

Reporting abuse

Reporting hateful content

In accordance with the law, Glowbl provides Internet users with an easily accessible and visible mechanism allowing them to report any content relating to:

  1. the justification of crimes against humanity;
  2. incitement to racial hatred;
  3. child pornography;
  4. incitement to violence;
  5. and attacks on human dignity.

A form to report such content is available at all times on our platform by clicking on the link "Report content".

You can also make a request by post (Glowbl – 81, rue d'Inkermann 69006 LYON, France), specifying the date on which you first noticed the content, as well as your identity, the URL address of the disputed content, a description thereof and the user name of the person responsible.

Reporting an intellectual property rights infringement

In accordance with French statute no. 2004-575, dated 21 June 2004, Glowbl is required to remove any content that is manifestly illegal as soon as we receive effective notification thereof.

Any report of such an infringement shall be processed by our Services as soon as it emerges, in accordance with the relevant legislation. In order to notify us, simply follow the procedure outlined by clicking on the link that appears systematically under all shared content: "Report content".

In accordance with the terms contained in Article 6 of the statute dated 21 June 2004, said notification should include the following information:

  1. date of notification;
  2. identity of notifier;
  3. where the notifier is a physical person: surname, first name, profession, domicile, nationality, date and place of birth;
  4. where the notifier is a non-physical legal entity: type of organisation, title, head office and legal representative;
  5. name and domicile of addressee or, in the case of a non-physical legal entity, title and head office;
  6. a description of the disputed facts and their precise location (e.g. URL link to video);
  7. reasons why the content should be removed, citing legal provisions and factual justification;
  8. a copy of the correspondence sent to the author or editor of the disputed information or activities requesting the cessation, removal or modification thereof, or an explanation as to why the author or editor could not be contacted.

Note: an incomplete notification shall not be considered valid.

Users should also note that any individual who denounces content or an activity as illegal for the purposes of having it removed or preventing its dissemination, in spite of their knowledge that such a claim is in fact inaccurate, may receive punishment of one year's imprisonment and a fine of 15,000 euros. Report content

Counter-notification

If you feel that content you placed online has been removed in a way that is abusive, you may send us a counter-notification by filling out the following form. As soon as our Services have received your counter-notification, we will transfer it to the party who issued the request for the removal of the disputed content, together with your personal information. The decision to restore the deleted content remains entirely at our discretion. Any individual who deliberately and wrongly indicates that content has been deleted in error may be held liable for their actions. Send a counter-notification

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