Terms of service.
LOST SUNDAYS’ TERMS OF USE
Welcome to Glassportal.io. Please read these Terms of Use (these “Terms” or this “Agreement”) carefully before using the services offered by Lost Sundays Technology Corp., (“Lost Sundays”, “us”, “we”). These Terms of Use set forth the terms and conditions of our relationship and for your use of the Glassportal.io website (the “Site”) and the services, features, content, applications, or mobile device applications offered by Lost Sundays (collectively, the “Services”) to you (“you”, “your”, “user”).
You understand that by accessing or using the Site or Services, you are agreeing to comply with and be bound by the terms and conditions contained herein (“Terms of Use” or “Agreement”, which also incorporates Lost Sundays’ Privacy Policy). You acknowledge and agree that, by accessing or using the site, or services or by downloading or posting any content from or on the Site and/or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Site and/or Services. If you do not agree to these terms, then you have no right to access or use the Site and/or Services. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity, and its successors and assignors.
Your personal information
1. You understand and acknowledge that your use of the Site and Services is governed by the Privacy Policy, which is incorporated into this Agreement by this reference.
2. Lost Sundays will only use personal information in accordance with Lost Sundays’ Privacy Policy.
3. You grant a worldwide, perpetual, royalty-free, irrevocable, and transferable license to Lost Sundays to display, reproduce, transmit, use, and/or store this information to the extent necessary to support the operation of the Site and Services.
Lost Sundays may edit or modify anything on the Site or Services
1. Lost Sundays is committed to delivering a positive user experience and you understand that Lost Sundays reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Site and the Services in its sole discretion, without notice.
2. If Lost Sundays provides updated versions of the Site and/or the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
3. If you do not accept updated versions of the Site and Services, Lost Sundays shall not bear any responsibility or liability for your decision.
You must be 18 or older to use the Lost Sundays Site or Services
1. You understand that you may not use the Site or the Services where such use is prohibited.
2. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
3. Any use of or access to the Site or the Services by anyone under 18 is unauthorized.
4. You represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement.
5. Lost Sundays does not knowingly collect information from individuals who are less than thirteen (13) years of age.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
1. You understand that Lost Sundays may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
Lost Sundays may terminate your use of the Site and/or Services without reason or notice to you
While Lost Sundays respects its users, you agree that Lost Sundays may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
Who Owns What and How You Can Use It
The copyright to all content on the Site and Services is owned by the provider of that content
1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of Lost Sundays or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
1. You agree that LOST SUNDAYS, glassportal.io, and other Lost Sundays graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Lost Sundays or its affiliates (“Trademark Content”).
2. Lost Sundays trademarks and trade dress may not be used in connection with any product or service that is not Lost Sundays’, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Lost Sundays.
3. All other trademarks not owned by Lost Sundays or its affiliates that may appear on the Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lost Sundays or its affiliates.
You may use the Lost Sundays Site and Services for limited purposes
1. Lost Sundays grants you a limited license to access and make personal use of the Site and the Services.
2. Lost Sundays does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
3. You understand that the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
4. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Lost Sundays and our affiliates without express written consent.
5. You may not use any meta tags or any other “hidden text” utilizing Lost Sundays’ name or trademarks without the ex’s press written consent of Lost Sundays. Any unauthorized use terminates the permission or license granted by Lost Sundays hereunder.
6. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
7. You may not use any Lost Sundays logo or other proprietary graphic or trademark as part of the link without express written permission.
What Laws and Rules You Are Responsible for Following
You promise to comply with this Agreement and any laws or regulations applicable to you
1. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
2. You are responsible for all of your activity in connection with the Site and the Services.
3. You shall abide by all applicable local, state, national and international laws and regulations including, without limitation, zoning restrictions and tax regulations, and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
You agree to comply with Lost Sundays’ conduct policies when using the Site or Services
We do our best to keep the Site and the Services safe and operational, but Lost Sundays cannot guarantee it. Lost Sundays needs your help to do that, which includes the following commitments:
You will not violate any local, state, provincial, national, or other law or regulation, or any order of a court;
You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Site or Services except as expressly authorized by Lost Sundays;
You will not take any action that imposes or may impose (as determined by Lost Sundays in its sole discretion) an unreasonable or disproportionately large load on Lost Sundays’ (or its third party providers’) infrastructure;
You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction;
You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
You will not bypass any measures Lost Sundays may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
You will not run any form of auto-responder or “spam” on the Site and Services;
You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
You will not harvest or scrape any content or materials from the Site and Services;
You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
You will not otherwise take any action in violation of Lost Sundays’ guidelines and policies.
You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
Legal Disclaimer
THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. IN NO EVENT WILL LOST SUNDAYS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SUBSIDIARIES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICES, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND THAT LOST SUNDAYS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE. YOU AGREE THAT DISPUTES BETWEEN YOU AND LOST SUNDAYS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify Lost Sundays
You agree to indemnify, defend, and hold harmless Lost Sundays, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, including but not limited to your requesting, ordering, or performing Engagement Contracts and/or Cyber Security Services, (2) any Supported Platforms, User Content, Third Party Content, Third Party Sites, and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein, and (5) your failure to comply with any and all applicable laws, rules, and regulations in the procurement, performance, and provision of Contracts via the Site and/or Services.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
You represent and warrant that:
You will use the Site and Services in accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
You will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
Other Terms
1. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
2. You agree any arbitration shall take place in New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
3. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
4. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
5. Lost Sundays may assign its rights under this Agreement without condition.
6. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.