2. Using Our Services
3. User Content and Interaction
4.1 Features. Most of the features of our Services will be available to all registered users. 4.2 Purchases. From time to time, we may offer certain products which you may purchase within our Services. These could include music and video content products, concert tickets and/or other merchandise (the “Product(s)”). When you purchase the Products via our Services, please note that your purchase of Products is subject to a separate Terms of Sale found at https://glitsy.com/terms-of-sale/. 4.3 Modification, Suspension or Termination of Features. You acknowledge and agree that we may modify, suspend or terminate all or part of any feature of our Services at any time and in our sole discretion. 4.4 Repairs and Maintenance. You acknowledge and agree that we may need to perform scheduled or unscheduled repairs and maintenance of our Services from time to time. We are not liable for any loss in connection with such repairs or maintenance. We will notify you as early as possible of any repairs and maintenance which are scheduled to take place.
5. Intellectual property rights
7. Third party services
7.1 General. You acknowledge that our Services permit access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (collectively, “Third Party Services”). 7.2 Disclaimer. You acknowledge that we do not investigate, monitor, represent or endorse the Third Party Services (including any third-party web-sites available through our Services). Furthermore, your access to and use of the Third Party Services is at your sole discretion and risk, and neither we nor our affiliates, partners, suppliers and licensors shall be liable to you arising out of or in connection with your access to and use of the Third Party Services. We hereby disclaim any representations, warranty or guarantee regarding the Third Party Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Services. 7.3 Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Services and any correspondence or business dealings between you and any third party located using our Services are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Services and any related third-party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that neither we nor our affiliates, partners, suppliers and licensors are responsible or liable for any loss resulting from the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a licence to: (a) the Third Party Services; (b) any products, services, process or technology described in or offered by the Third Party Services; or (c) any copyright, or other intellectual property right in the Third Party Services. 7.4 Inappropriate Materials. You understand that by accessing and using the Third Party Services, you may encounter information, materials and subject matter: (a) that you or others may deem offensive, indecent or objectionable; (b) which may or may not be identified as having explicit language; and (c) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use Third Party Services at your sole risk and neither we nor our affiliates, partners, suppliers or licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable. 7.5 Use of Third Party Services. You agree that the Third Party Services contain proprietary information and material that is owned by the relevant third party and is protected by applicable intellectual property and other laws, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Services. No portion of the Third Party Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Services in any manner, and you shall not exploit the Third Party Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Services in a manner that would infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you. 7.6 Data Charges. You agree that you are responsible for all data charges you incur through your use of our Services.
9. Representation and warranties
9.1 You acknowledge and agree that our Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon our Services and any Third Party Services accessed thereby is at your sole risk and discretion. 9.2 We and our affiliates, partners, suppliers and licensors hereby disclaim any and all representations, warranties and guarantees regarding our Services and Third Party Services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 9.3 Furthermore, we and our affiliates, partners, suppliers and licensors make no warranty that: (a) our Services or Third Party Services will meet your requirements; (b) our Services or Third Party Services will be uninterrupted, accurate, reliable, timely, secure, error-free, or invulnerable to computer virus infections or hacker attacks; (c) the quality of any product, services, information or other material accessed or obtained by you through our Services will be as represented or meet your expectations; or (d) any errors in our Services or Third Party Services will be corrected. 9.4 No advice or information, whether oral or written, obtained by you from our Company or from our Services shall constitute any representation, warranty or guarantee. Furthermore, you acknowledge that our Company has no obligation to support or maintain our Services. 9.5 We do not make any representation or warranty as to the results that may be obtained from the use of our Services, as to the accuracy or reliability of any information obtained through our Services including any loss of your data. 9.6 We disclaim any and all liability or responsibility in relation to the content made available through our Services, including but not limited to User Content or the Third Party Services. We do not vet or control User Content and we are not responsible for what users may post, transmit or share on or through our Services. We are not responsible or liable in any manner for the Third Party Services associated with or utilized in connection with our Services, including the failure of such Third Party Services.
10. Limitation of liability
Under no circumstances shall our Company or our affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use our Services or any Third Party Services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use our Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet or interact with through our Services, whether or not the damages were foreseeable and whether or not we were advised of the possibility of such damages.
We do not warrant that our Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that neither we nor our affiliates, partners, suppliers and licensors shall be liable for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
13. Third party claims
You acknowledge that you (and not us) are responsible for addressing any third-party claims relating to your access and use of our Services. You agree to notify us of any third-party claims relating to our Service of which you become aware. Furthermore, you hereby release us from any liability or loss arising from or in connection with your access and use of our Services, including, without limitation: (a) any product liability claims; (b) any claim that our Services fail to conform to any applicable legal or regulatory requirement; (c) use of your Account and your Wallet by third parties whether authorised or unauthorised by you; and (d) any claim arising under consumer protection or similar legislation.
Last Updated: 11th May 2020