Terms of Service
Welcome to Glamorous. These Terms of Service ("Terms") govern your use of Glamorous, whether you are a registered or non-registered user ("User" or "You"). It is crucial to read and understand these Terms before using our service. By accessing and using Glamorous, you signify your agreement to adhere to the terms outlined herein, any future amendments to these Terms, and the user guidelines established based on these Terms. If you do not agree with these terms, please discontinue your use of Glamorous immediately.
1. Applicability
These Terms apply to all Users utilizing Glamorous, including current and future versions. Supplementary Terms, provided at the end of this document, may also apply to Users residing in specific countries.
2. User Consent
By accessing and using Glamorous, You agree to be bound by these Terms. Whether registered or not, all Users are subject to these Terms.
3. Amendment of Terms
We reserve the right to amend these Terms as necessary. Continued use of Glamorous after any amendments constitutes acceptance of the updated Terms.
4. Termination
If You do not agree with these Terms, please discontinue use of Glamorous immediately.
Supplementary Terms
Additional terms may apply to Users residing in specific countries. These terms can be found at the end of the document.
CHAPTER 1. General Provisions
1. Purpose
The purpose of these Terms is to set forth the respective rights, obligations, and responsibilities of the Company and You with regard to Your use of Glamorous on Your personal computer or mobile device (collectively, “Device”), either by downloading the service application (the “Glamorous App”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website (“Glamorous Web”) provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores is subject to the respective terms and conditions of the Application Stores.
2. Changes to these Terms
The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users of the details of, reasons for, and effective date of the change at least seven (7) days prior to the effective date of such change. However, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of Glamorous after the effective date of a change to these Terms will constitute Your acceptance of the change. If a refund with regard to such a change is required by applicable law, You will be entitled to the refund accordingly. However, changes that benefit Users or changes due to legal reasons may become effective immediately.
3. Additional Terms
Any matters not stipulated in these Terms shall be governed by relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.
4. Notification and Communication to
Users
When the Company contacts the Users in relation to Glamorous, it will do so by posting on an appropriate space on the Company’s website or applications, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.
If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages or issues resulting from the User’s failure to do so.
CHAPTER 2. Ownership and Relevant
Licenses Regarding Glamorous
1. Ownership of Glamorous Contents
Unless otherwise stipulated, “Glamorous contents” refer to text, graphics, images, illustrations, designs, icons, photos, and other related materials provided to Users in Glamorous. Unless otherwise stipulated by law or contract, all exclusive and proprietary ownership rights in Glamorous, the Glamorous App, the service website, these Terms, the Privacy Policy, User Guidelines, and any related documentation and information, Glamorous contents (collectively, the “Company Assets”), and the selection and arrangement of Glamorous contents belong solely to the Company.
The Company Assets and the selection and arrangement of Glamorous contents are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information.
Any new releases, modifications, and enhancements to the Company Assets and the selection and arrangement of Glamorous contents belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of the Company Assets, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder.
2. Scope of License Regarding Glamorous
The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the Glamorous App, in object code format, only on Your Device for the sole purpose of personally using Glamorous. You only obtain a license to use the object code version of the Glamorous App, and You do not have any right whatsoever in the original source code of the Glamorous App. You may only use the Company Assets for the sole purpose of personal use of Glamorous.
If You use the Company Assets in a manner that exceeds the scope of the license granted to You under these Terms, the Company may revoke or cancel the license it has granted to You at any time. The Company will notify You without delay of the reason for revocation/cancellation of the license, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Glamorous).
3. Scope of License Regarding Your
Information
If You download the Glamorous App to use Glamorous, You hereby grant the Company a free license to access, collect, and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy, the address books, contact lists, and unique phone identifiers (IMEI, Unique Device ID, etc.) contained in the Device to which You have downloaded the Glamorous App in order to use Glamorous.
4. Content License
In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g., dialogues, comments, and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics, and other types of materials (collectively, “Content”) on Glamorous (Please note that the license for your Glamorous Live Content (as defined below) will be governed by Article 5 (1), Chapter 6 of the Terms), You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sublicensable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. Accordingly, You agree that (except for Your Glamorous Live Content) any Content you provide may be viewed by other registered Users of Glamorous. You can delete Content individually or all at once by deleting Your account. In addition, so that the Company can prevent the unauthorized use of Your Content outside of Glamorous, You authorize the Company to act on Your behalf with respect to infringing uses of Your Content taken from Glamorous by other Users or third parties. The Company and its affiliates’ license to Your Content is used for the limited purposes of operating, developing, providing, improving, and promoting Glamorous and researching and developing new services of the Company to the extent that such use does not infringe on Your privacy in accordance with applicable laws, including the Personal Information Protection Act.
5. Restrictions
You only obtain a limited license to use
the object code version of the Glamorous App.
You shall not use the Company Assets for
any commercial purposes.
You shall not copy, modify, adapt,
translate into any language, distribute, or create derivative works based on
the Company Assets.
You shall not sublicense, sublease,
lease, lend, assign, sell, license, distribute, rent, export, re-export, or
grant other rights in the Company Assets to any third party, and any attempt by
You to take such action shall be void.
You shall not decompile, disassemble,
reverse engineer, or attempt to reconstruct, identify, or discover any source
code, underlying ideas, underlying User interface techniques, or algorithms of
the Company Assets, in particular Glamorous and the Glamorous App,
by any means whatsoever.
You shall not remove, obscure, or alter
any copyright and/or other proprietary notices contained in or otherwise
connected to the Company Assets, or any contents thereof.
You shall not destroy, disable or
circumvent any copyright protection or other digital rights management
mechanism put in place for the protection of the copyrights and other
intellectual property rights of the Company Assets.
CHAPTER 3. Commencement of Use of
Service
1. Consent to the Terms
Glamorous includes services
provided to non-registered users (“Basic Service”) and services provided only
to registered users who complete the signing up process and log in to their
accounts (“Member Service”). The specific details of the type of the services
and how to use the services will be as provided in these Terms, on the Service
or in notices or information on service use separately provided by the Company.
By accessing and using Glamorous,
You agree to be bound by the terms set forth herein, the amended terms pursuant
to these Terms, and the user guidelines established pursuant to these Terms. If
You do not agree with these Terms, please immediately terminate Your use
of Glamorous.
2. Membership Registration Process
You can register for service membership
in accordance with the procedures set by the Company, and Your membership
registration process will be completed once the Company accepts Your
registration.
You can log in to Glamorous in
various ways, including using your phone number. If you use Glamorous using
your phone number, you can additionally link your email address to your
account. However, where an account was created using a phone number but not
additionally linked to an email address, if you log in using that phone number
on a different device, or delete the service app on iOS, download it again, and
then log in using that phone number, it is impossible to confirm that the phone
number belongs to the account holder. Thus, please understand that, at the time
of such a log-in, the Glamorous account registered under that phone
number, as well as all User information, will be deleted pursuant to Article 1,
Chapter 8 of these Terms,
In registering for service membership,
You must enter only true and accurate information. You will be responsible for
any disadvantages and/or legal liability resulting from Your entering of false
information.
The Company will accept Your
registration for service membership pursuant to Paragraph (c) without delay,
but may not accept Your registration in any of the following cases. If any of
the following cases are found to be true after the Company’s acceptance of Your
registration of service membership, the Company may immediately take
appropriate restrictive measures, such as suspending Your service account,
deleting Your Content and personal information or updating incorrect
information. The Company will notify You without delay of such restrictive
measures and the reasons therefor, except in the event that notification is not
permitted under law (e.g., if it violates a statute or a regulatory authority’s
order, or results in an obstruction to a regulatory investigation) or the
Company reasonably determines that notification may result in damage to a User,
a third party, or the Company (e.g., if it impairs the security of Glamorous):
Your service membership was created
using a false or another person’s name;
You entered false or incorrect
information, or omitted information requested by the Company;
You are under the age of 17; or
Other instances in violation of relevant
laws, regulations or standards set by the Company.
3. Eligibility
Glamorous may not be used in any
jurisdiction where such a type of services is prohibited.
Glamorous is intended solely for
Users who are seventeen (17) years of age or older. Any attempt to access or
use Glamorous by anyone under the age of seventeen (17) is strictly
prohibited and shall be considered a material violation of these Terms.
You hereby affirm that You fully
understand these Terms and are able and competent to comply with these Terms.
You may only use Glamorous if You are deemed capable of understanding
and complying with these Terms.
CHAPTER 4. Rights and Obligations of the
Company and Users
1. Obligations
You must use Glamorous in
compliance with these Terms, the amended terms pursuant to these Terms, and any
of the applicable user guidelines established under these Term. Please stop
using Glamorous immediately if You do not agree to these Terms or the
User guidelines.
2. Prohibited Acts
You shall not engage in any illegal or
inappropriate activities with respect to the Company Assets, including the
following acts, and in the event You commit or attempt to commit such acts, You
may be subject to civil and/or criminal charges in accordance with relevant
laws and regulations in addition to restrictions on the use of the
relevant Glamorous services, including refusal of payment of the
revenue under Article 4, Chapter 6 and restriction on the receipt of gifted
Items under Article 3, Chapter 6, or suspension or termination of the
relevant Glamorous account.
You shall not use the Company Assets for
any illegal purpose or any purpose not explicitly authorized herein.
You shall not engage in any acts that
cause impairments to Glamorous by damaging, disabling or
overburdening the Company Assets.
You shall not transmit worms, viruses,
or any code of a destructive nature using the Company Assets.
in using Glamorous, You shall not
commit any of the following acts nor any acts that amount to any of the
following acts that the Company may reasonably deem to be inappropriate in
light of the purpose, etc. of providing Glamorous:
Violation of laws and regulations,
rulings, decisions and orders of the court, and/or administrative measures that
are legally binding;
Acts that undermine, or are likely to
undermine, public order or moral customs;
Infringement of intellectual property
rights (e.g., copyrights, trademarks, patents, design rights, etc.), moral
rights, proprietary rights, rights of reputation, privacy rights, any other
statutory or contractual rights, if applicable, of the Company and/or third
parties;
Transmission or posting of excessively
violent expressions, explicit sexual expressions, discriminatory expressions
concerning race, nationality, belief, gender, social status, etc., expressions
that entice or promote suicide, self-harm, drug abuse, and other expressions
that contain anti-social content and are offensive to others;
Impersonation of the Company and/or
third party, or intentionally disseminating false information
Account hacking, theft of name,
fraudulent use of credit cards or other inappropriate acts relating to purchase
or payment;
Sending the same or similar photos,
voice and/or text messages, etc. to an unspecified number of Users,
indiscriminately adding other Users as friends, and other acts that the Company
has determined as spam;
Acts for the purpose of sales,
propaganda, advertising, solicitation, or other profit-making (excluding those
permitted by the Company), sexual or obscene acts, soliciting or enticing
prostitution, slandering, defaming, harassing or insulting other Users, or using Glamorous for
any purpose other than those prescribed herein;
Providing benefits to, sympathizing with
or supporting criminal organizations and/or anti-social groups that engage in
terrorism, violence, drugs, human trafficking, etc.;
Using Glamorous for purposes
of financial crimes;
Encouraging other Users to participate
in religious activities or join religious organizations;
Acts that interfere with the server and
network system of Glamorous, acts of illegally manipulating Glamorous by
using BOT, cheating tools, or other technical means, acts of intentionally
using Glamorous’s system failures, acts of making unfair inquiries or
requests to the Company (e.g., excessively repeating the same inquiry), or
other acts that obstruct or hinder the Company’s operation of or other Users’
use of Glamorous;
Generating data through recording,
screen capturing, photographing, etc., in the course of using Glamorous,
or leaking such generated data to a third party or distributing it through a
third party; except if You use a specific recording feature as may be made
available by Glamorous and provided in such case that you comply with
local legislation and additional terms relating to such feature. In any event,
when recording video communication with another User, You are fully liable for
complying with all applicable laws and any use restrictions requested by the
recorded User. The Company is not liable for any usage made of this recording
by a User or any third party they disclose it to.
Allowing others to access Glamorous with
Your account by sharing Your password or lending Your account to others or
accessing Glamorous with another person’s account;
Using Glamorous for purposes
other than its intended use; or
Aiding or encouraging any of the acts
falling under any of the acts stated above except for i. through ii. above.
You shall not alter another website so
as to falsely imply that it is affiliated with the Company and/or the Company
Assets.
You shall not use the Company Assets or
falsely imply that You are affiliated with the Company and/or the Company
Assets for any commercial purpose.
You shall not use or access any of Glamorous by
any means other than through the interface provided by Glamorous.
You shall not exchange the right to
use Glamorous for cash, property or other economic benefits other
than as permitted by the Company.
3. Prevention of Unauthorized Use
The Company reserves the right to
exercise whatever lawful means it deems necessary to prevent unauthorized
and/or illegal use of Glamorous, including, but not limited to,
technological barriers, IP mapping, and directly contacting Your wireless
(cellular) carrier.
4. Protection of Personal Information
The Company strives to protect Your
personal information as provided by relevant laws and regulations.
5. Feedback
Any comments, suggestions, or feedback
relating to Glamorous and/or the Glamorous App (“Feedback”)
submitted by You to the Company shall become the property of the Company. The
Company will have exclusive ownership of all rights to the Feedback. The
Company will be entitled to use the Feedback for any commercial or other
purpose whatsoever, without any compensation to You or any other person, and
will not be required to treat any Feedback as confidential. You agree that You
do not acquire any right in or to Glamorous and/or the Glamorous App
(or any changes, modifications or corrections thereto) by virtue of any
Feedback. You acknowledge that the Company will not be responsible for whatever
Feedback that You submit, including its legality, reliability, appropriateness,
originality, and copyright.
6. Assignment
You are not allowed to assign any rights
or obligations hereunder as your account is strictly personal to You. The
Company is allowed, in accordance with procedures set forth in relevant laws
and regulations, to assign any rights or obligations hereunder or regarding the
Company Assets to any third party. In the event that the Company transfers
the business related to Glamorous to its affiliate, Your contractual
position, rights and obligations under these Terms, and Your registration
information and other user information shall be transferred to the transferee
of the business, and You agree to such transfer. The business transfer stated
in this Section shall include not only ordinary business transfer but also
divestiture and other change of ownership or control.
CHAPTER 5. Use of Services
Section1. Content of Service
1. General Provisions
You use Glamorous under Your
own responsibility and shall be fully responsible for all acts and consequences
thereof arising within Glamorous. When You register a password for the use
of Glamorous, You must strictly manage it under Your own responsibility in
order to prevent misuse. The Company may regard any and all acts made using
Your registered password as Your own.
The Company may change all or parts
of Glamorous at any time if it deems it necessary to improve the
performance or security of Glamorous, to change its features or
composition, to comply with laws and regulations, or to prevent illegal
activities on or abuse of Glamorous’s system. In such case, in principle,
a prior notice shall be given to the Users regarding any material changes or
suspensions that adversely affect the Users as and when reasonably practicable.
However, if prior notice is not reasonably possible, if measures are needed to
improve the security or compatibility of Glamorous, or if it is necessary
for the prevention of abusive acts or compliance with legal requirements and so
on, such notice may be given after. If the Company cannot disclose the
reasons or contents of any change, etc. in detail, the Company will explain the
reason thereof. If You do not agree to the change of all or part of Glamorous,
You may be restricted from using all or part of its features.
The Company provides customized services
and advertisements to Users by using User information such as service use
records. This means that advertisements may be included as part of Glamorous provided
by the Company. You may sometimes have to view unwanted advertisements
using Glamorous. Such advertisements contribute to the Company’s ability
to provide You with Glamorous free of charge by default and
furthermore serves as a foundation for the Company to invest in research and
development in order to better serve Users. Meanwhile, in order to provide
better service, the Company may display on Glamorous or directly send
to the Users’ e-mail addresses various information, including notices in
relation to the use of Glamorous, administrative messages. The Company may
also display advertisements and other promotional messages on Glamorous or
directly send such messages to the Users’ e-mail addresses, if applicable.
The Company employs its utmost efforts
to provide the best service to the Users. However, Glamorous may be
temporarily suspended due to maintenance of facilities, regular and/or
irregular inspection for repair, or other substantial reasons; in such case,
the suspension will be notified in advance on the Glamorous service
screen, unless there are urgent circumstances such as compliance with legal
requirements or maintenance of service security, etc.
The Company monitors Your Content in
various ways, including automated and human methods, to the legal and
technological extent permitted, in order to detect Content in violation of
relevant laws, these Terms and/or the User Guidelines, or Content that is
inappropriate and/or indecent. You understand and agree that the Company may
monitor or review any and all Content that You transmit or share through Glamorous,
including Your video chat screen.
2. User Tier Status
Depending on the regions, we may provide
different services based on the tier status of Users in accordance with
our tier status operation policies. In such a case, the User tier status
will be granted by the standards set by the Company. The Company may make a
distinction in contents of the service between different User tiers, and the
Company can change such contents of service due to our circumstances at our
discretion. Detailed information of such service will be posted separately in
accordance with the notification stipulated in these Terms.
3. Affiliated Partner Services
Glamorous may include services
and/or content provided by third-party service providers affiliated with the
Company. The responsibility for such services and/or content lies with the
third-party service providers. In addition, the service terms and conditions of
the third-party service providers may apply to such services and/or content. As
such, please refer to the service terms and conditions and privacy policy of
the applicable third-party service providers as necessary.
4. Advertising
The Company may place advertisements of
the Company and/or third parties within Glamorous.
5. Definition
“Gem”
Gem is an electronic token that can be used
to acquire items within Glamorous. The units, payment methods, and other
conditions for conferring Gems are determined by the Company and posted
on Glamorous.
“Item”
Items are virtual commodities or gifts
You can purchase and use in Glamorous Live. You can own or send Items
to other Users within Glamorous Live. You can purchase an Item
within Glamorous, including Glamorous Live. Items can be
converted into Stars according to the conversion rates and policies announced
separately by the Company in Glamorous Live.
“Star”
Users may collect Stars based on their
overall activities within Glamorous Live.
The Company may provide certain benefits in connection with Stars to
Users, through their participation in the Glamorous Live Rewards
Program. Please refer to the Glamorous Live Rewards Program Policy (link)
for more details. .
6. Personalized Service on Lounge
The Company helps you match and
communicate with other users that may be of interest to you. The Company uses
the information regarding your in-app activities
(e.g., likes you sent to other users on the lounge) to make such an offer to
you (e.g. suggestion to other users you may wish to talk to). You agree that
the user the Company suggests through the personalized service may include
artificial intelligence chatbots.
Section 2. Fee-Based Services
1. Purchase of Fee-Based Services
Subscription Services
The Company may offer a subscription
service or option in Glamorous, which may include discounts for a certain
duration of the commitment period, provision of bonus gems, items, rewards, or
other benefits for a corresponding price (“Subscription Services”).
Renewal and Cancellation of Subscription
Services
Subscription Services are renewed
automatically each month. If You do not wish to renew the subscription,
You must cancel Your Subscription Services twenty four (24) hours prior to the
expiration of Your current subscription period. For cancellation of
Subscription Services, we do not have the ability to cancel automatic renewals
for purchases for you. Please follow the steps below on how to cancel the
automatic renewals.
For Android:
(1) Launch the Google Play Store app.
(2) Tap the Menu, then Subscriptions.
(3) Tap on the app of the subscription
you'd like to cancel, then tap Cancel Subscription.
Apple/iOS App Store:
(1) Go to Settings, then iTunes &
App Store.
(2) Tap your Apple ID. You might need to
sign in or use Touch or Face ID.
(3) Tap Subscriptions.
(4) Tap the subscription that you want
to manage.
(5) Use the options to manage your
subscription.
Changes to Subscription Services
The Company reserves the right to
suspend or change the contents of Subscription Services with reasonable prior
notice. In addition, changes to Subscription Services that are unfavorable to
the Users will take effect at least thirty (30) days after the Company notifies
the Users of such change so that the Users may cancel the renewal before the
new changes become effective.
Your continued use of the changed
Subscription Services will constitute Your acceptance of and agreement to such
change.
Gems
Gems are granted to Users through
purchase within Glamorous, promotions, or other methods designated by the
Company. The Company shall determine and display on Glamorous the
purchase units of Gems, payment methods, and other conditions for granting of
Gems.
Payment of Charges
If You purchase any Subscription
Services, Gems and/or other fee-based services (collectively, “Products”), You
hereby agree to pay all charges to Your account, including taxes and fees
applicable to the Company and You.
You agree to abide by any relevant terms
of services of the Application Stores and to perform any contractual
obligations resulting therefrom.
You agree that if You purchase any
Products through an Application Store, all payment related questions, issues
and/or complaints shall be handled in accordance with the relevant Application
Store’s terms of service for payment processing. The Company is not authorized
to intervene with regard to the foregoing, and in no event will the Company
have any responsibility in connection with the same.
The Company cannot change the settings
of Your Device. If You, based on Your own judgment, purchase Products by
setting up simple payment functions that omit authentication procedures on Your
Device, the Company cannot be involved in such process and shall not be held
liable for the same.
Additional Terms that apply if you pay
the Company directly with your payment method.
If you pay the Company directly, the
Company may correct any billing errors or mistakes that it makes even if it has
already requested or received payment. If you initiate a chargeback or
otherwise reverse a payment made with your payment method, the Company may
terminate your Subscription Services and/or your account immediately in its
sole discretion.
If a payment is not successfully
settled, due to expiration, insufficient funds, or otherwise, and you do not
edit your payment method information, terminate or cancel your Subscription
Services, you remain responsible for any uncollected amounts and authorize the
Company to continue billing the payment method, as it may be updated. This may
result in a change to your payment billing dates. In addition, you authorize us
to obtain updated or replacement expiration dates and card numbers for your
credit or debit card as provided by your credit or debit card issuer. The terms
of your payment will be based on your payment method and may be determined by
agreements between you and the financial institution, credit card issuer or
other provider of your chosen payment method.
If you reside outside of
the Republic of Korea, you agree that your payment to the Company will be
through MTCH Technology Services Limited.
Liability for Payment Using Third-Party
Payment Processing Methods
You are responsible for all claims
arising in connection with Your account, unless Products are purchased as a
result of the leaking of Your personal information due to the Company’s
intentional misconduct or gross negligence.
The Company shall not be held liable for
any purchases made by third parties as a result of theft of Your name or
personal information, including purchases made by third parties caused by Your
careless exposure of Your information or failure to use the password setting
functions of Your Device or the Application Stores.
Please be careful not to allow Your
acquaintances, children or family members to use Your Device to purchase any
Products. Except as otherwise provided under relevant laws, You will be liable
for payment of, and the Company shall not assume any liability for, the
purchase of Products by any of Your acquaintances, children or family members
without Your consent or against Your will.
2. Period of use, exchange, and transfer
of Products
Period of use
Products can be used for 5 years from
the date of purchase, and will expire after 5 years from the date of purchase.
However, the period during which a User can use Gems acquired by a method other
than purchase is subject to conditions provided by the Company.
Exchange of Products
Products as flat-rate service or item
cannot be exchanged for cash, property, and economic benefits other than
services or content designated by the Company. Terms of use required for
service or content exchange are determined by the Company and posted on Glamorous.
Transfer of Products
A Product can only be used on the
account where it was purchased and cannot be transferred to another account by
any method other as recognized by the Company.
3. Refunds
Unless otherwise specified in these
Terms or required under applicable law, any Products including the following
are not refundable, in any event, after purchase:
Products that are in the possession of
any Users whose use of Glamorous has been suspended due to a
violation of these Terms or illegal acts;
Products which have been used in whole
or in part (partially used package Products);
Products that were purchased more than
five (5) years ago;
Products that remain at the time of one
(1) year from Your last use of Glamorous
Products that are in the possession of
any Users who have terminated use of Glamorous or removed the Glamorous App;
Products that were purchased by third
parties as a result of theft or loss of Device or caused by Your carelessness
including the situation as set forth in Article 1 (d), Section 2, Chapter 5.
You may discontinue future Subscription
Services at any time. Please note that if You choose to cancel Your
Subscription Services within fourteen (14) days from the date your subscription
period commenced, costs proportional to the amount of subscription period that
has lapsed and fees charged at the time of payment (including payment gateway
agency fees, Google Play and App Store fees, and other third-party fees duly
charged at the time of payment). In addition, at the time of cancellation, if
You have already used any Products that You received as part of the
Subscription Services (including Gems and/or Items that are provided as free
gifts for Subscription Services), the costs for such used Products may be
deducted from the amount that is refunded to You. When Subscription Services
have been duly cancelled, Products that were granted as part of such
Subscription Services may be reclaimed by the Company.
In addition, refunds for any and all
Products as permitted under the applicable laws of Your jurisdiction will be processed,
and may be limited, in accordance with the refund policies of the third party
providing the payment processing services (i.e., Application Stores) that You
used to purchase the Product. If you reside in the EU region, You will be
entitled to 14-day statutory rights of cancellation under the applicable law.
Therefore, We recommended that You check the respective refund provisions and
policies of such third parties.
4. Minors
If a User is a minor (Republic of Korea:
under nineteen (19) years of age) or a person with limited competence as
defined under law, the consent of the User’s parents or legal representative is
required to purchase any Products. If a minor purchases a Product without the
consent of his/her legal representative, the minor and/or legal representative
may cancel the purchase. However, if a minor’s purchase is made within the
scope of disposable property permitted by his/her legal representative, or if
the minor uses trickery, such as using payment information of an adult without
consent, to cause the Company to believe that he/she is not a minor, such
purchase may not be cancelled even if it was made without the consent of the
legal representative.
CHAPTER 6. Third Parties Relating to
Service Use
1. Authority to Use Bandwidth and Device
If Your use of Glamorous is
dependent upon the use of bandwidth owned or controlled by a third party, You
acknowledge and agree that You must obtain consent from the relevant third
party for such use and that the Company will not be liable in any way with
regard to the foregoing.
You must own or have the legal right to
control the use of the Device to which You are downloading the Glamorous App
and/or through which You are accessing the website that provides Glamorous.
You must delete the Glamorous App and related personal information
from the Device if You intend to sell, assign or otherwise cease to have the
legal right to control use of the Device. You will be solely responsible
for any problems that may result from Your failure to delete the same.
2. Use of Third-Party Software
These Terms also apply to Your use of
any third-party software or technology that is incorporated in Glamorous.
3. No Access to Emergency Communication
Services
Glamorous does not constitute
common telecom service as classified under relevant laws. Therefore, due to
physical limitations, the Company does not support or carry emergency call
services to any type of medical institutions, law enforcement agencies, etc.
for the Users. Please note that Glamorous is not a replacement for
Your primary telephone service.
4. Third-Party Fees
If You use Your native SMS application
to deliver messages or invitations to people who are not registered Users
of Glamorous and with whom You choose to communicate, the third party
providing such SMS services may charge You additional fees for such use.
5. Third-Party Sites, Products, and
Services
Glamorous may include links or
references to other websites and/or services provided by third parties
(collectively, “Reference Sites”) solely for the convenience of the Users. The
Company is not liable for any representations and/or warranties regarding any
such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR
OWN RISK. We encourage You to read the terms and conditions and privacy policy
of any Reference Sites that You visit. In addition, Your correspondence or
business dealings with advertisers found on or through Reference Sites are
solely between You and such advertiser.
CHAPTER 7. Termination of Service and
Restrictions of Use
1. Termination of Service and Withdrawal
from Service by You
To terminate Your use of the service,
You may delete Your account by going through “About Glamorous >
Delete Account” in the Settings. IF YOU HAVE SUBSCRIBED TO ANY SUBSCRIPTION
SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR
ACCOUNT. Any and all liability that occurs as a result of Your failure to do so
will be Your sole responsibility. Please note that it will be deemed as
termination of Service by You if You attempt to log in from another device with
the same phone number or log in with the same phone number that you initially
used when first signing up after deleting and reinstalling the service app on
iOS (Apple), provided, that there is no email address linked to the account.
2. Restriction or Termination of Service
by the Company
If the Company determines that any of
the following has occurred, or that there is sufficient probability that it may
occur, the Company may limit Your use of Glamorous and/or suspend
Your account temporarily or permanently by restricting the receipt of gifted
Items under Article 3, Chapter 6 or refusing to pay the revenue under Article
4, Chapter 6. Unless applicable laws stipulate otherwise, the Company shall not
be liable with regard to such limitation and termination of service:
If You commit any of the Prohibited Acts
under Article 2, Chapter 4;
If any purchase of Products has been
cancelled pursuant to Article 4, Section 2, Chapter 5;
If any investigation related to the use
of Glamorous is commenced against You;
If anyone who is not eligible or
authorized to use Glamorous under these Terms use Glamorous; or
If the Company reasonably deems that You
have otherwise committed an act that is immoral in light of social norm.
The Company will notify You without
delay of the reasons for any such suspension or termination of service
provision, except in the event that notification is not permitted under law
(e.g., if it violates a statute or a regulatory authority’s order, or results
in an obstruction to a regulatory investigation) or the Company reasonably
determines that notification may result in damage to the Users, third parties,
or the Company (e.g., if it impairs the security of Glamorous).
The Company may delete Your account
information after prior notice to You, which may result in termination of the
Service Use Agreement in relation to Glamorous, if You have not logged on
or accessed Glamorous for a period that is specified under relevant
laws and regulations, these Terms, or the Company’s separate operation policies
related to Glamorous. However, if the Company is unable to notify You
(e.g., You did not provide a valid e-mail address to the Company at the time of
registration for service membership), Your account may be deleted without
notice.
You or Your legitimate representative
(“Content Removal Requester”) may request the Company remove any content
displayed on Glamorous by other users that violates Your rights
including public fame (or honour), or privacy, by providing the Company the
proof of such violation. If the Company is unable to determine whether the
subject content violates Your rights, or if a dispute between the parties is
expected, the Company may take temporary measures to prevent anyone’s access to
such content (“temporary measures”) for up to thirty (30) days.
If the Company takes the temporary
measures to any content under Paragraph (d) above, the uploader of such content
may request to restore the content to the Company (“Complaint Against Removal”)
during the term of the temporary measures. The Company may take actions in
accordance with the agreement between the parties, the court decision, the
administrative order or any other decision of the pertinent government agencies
submitted to the Company. If no Complaint Against Removal is submitted to the
Company, the Company may delete the subject content after the term of temporary
measures expires.
The Company may take temporary measures
without a user’s request under Paragraph (d) above or a report from a third
party if the Company determines that the content violates the rights, privacy
or fame (honor) of a user or a third party at its discretion. In such a case,
the temporary measures shall be taken in accordance with the procedures
provided in Paragraphs (d) and (e).
CHAPTER 8. Indemnification and Warranty
Disclaimers
1. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE
COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS
AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE
ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR
BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION,
(ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF Glamorous AND/OR
THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER
USER RESULTING FROM YOUR USE OF Glamorous AND/OR COMPANY ASSETS, OR
(v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO Glamorous.
The Company Parties reserve the right, at Your expense, to assume the exclusive
defense and control of any matter for which You are required to indemnify the
Company Parties. You agree not to settle any matter without the prior written
consent of the Company, and any settlement executed without such consent of the
Company will be null and void against the Company Parties.
2. WARRANTY DISCLAIMERS
Glamorous is provided to You
"AS IS" and "AS AVAILABLE" with no warranties. The Company
hereby disclaims all warranties, terms, or conditions, express or implied,
either in fact or by operation of law, statutory, or otherwise, including, without
limitation, warranties, terms or conditions of merchantability, fitness for a
particular purpose, satisfactory quality, correspondence with description,
title, non-infringement, and accuracy of information generated.
ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE
THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR
USE OF Glamorous, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any
issues by closing your account and uninstalling the Glamorous App
from Your Device or ceasing Your use of the same.
THE COMPANY DOES NOT WARRANT, EXPRESS OR
IMPLIED, THAT Glamorous AND/OR THE Glamorous APP WILL BE
WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY,
RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not
liable in any way to remove or correct any such defects and provide Glamorous to
You.
THE COMPANY DOES NOT WARRANT THAT THE
CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH Glamorous AND/OR
THE Glamorous APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES
OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL
BE CORRECTED.
3. LIMITATION OF LIABILITY
EXCEPT FOR DIRECT DAMAGES CAUSED BY THE
COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE
COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY
KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE,
OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF Glamorous AND/OR
THE Glamorous APP. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS
BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the
Company is liable for damages regarding the purchase of Products by You, such
as when the Product is purchased due to the leakage of Your personal
information resulting from the Company’s intentional misconduct or gross
negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF
SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
ABSENT THE COMPANY’S INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY
DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal
damages arising from Your access to and/or use of Glamorous; (ii) damages
caused by a third party’s illegal access and/or use of the Company’s server;
(iii) damages caused by a third party’s interruption of transmission to and
from the Company’s server; (iv) damages caused by a third party’s transmission
or dissemination of malicious programs; (v) damages caused by omission or
destruction of transmitted data; and (vi) defamation.
4. BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE
COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE
UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 9) AND THE LIMITATIONS OF
LIABILITY (ARTICLE 3, CHAPTER 9) SET FORTH HEREIN.
5. Waiver
The failure of the Company to exercise
or enforce any right or provision of these Terms will not constitute a waiver
of such right or provision. Any waiver of any provision of these Terms will be
effective only if in writing and signed by the Company.
CHAPTER 9. Interpretation of Terms,
Governing Law and Dispute Resolution
1. Entire Agreement
These Terms represents the complete
agreement concerning the matters covered between the Company and You. If any
provision of these Terms is held to be unenforceable, such provision shall be
modified only to the extent necessary to make it enforceable and shall not
affect the enforceability or validity of the remaining provisions, which shall
remain in full force and effect.
2. Headings
The heading references herein are for
convenience purposes only, do not constitute a part of these Terms, and will
not be deemed to limit or affect any of the provisions hereof.
3. Injunctive Relief, etc.
You acknowledge that the obligations
made hereunder to the Company are of a unique and irreplaceable nature. Your
violation of such obligations may cause irreparable harm to the Company, which
may not be replaced by monetary damages alone, and thus, the Company shall be
entitled to injunctive or other equitable relief (without the obligations of
posting any bond or surety) in the event of any breach or anticipatory breach
by You.
4. Interpretation
These Terms are drafted originally in
Korean. If there are any discrepancies between the Korean and English
versions of these Terms, the interpretation under the Korean version shall
prevail.
5. Governing Law and Jurisdiction
In principle, these Terms are governed
by the laws of the Republic of Korea, and You consent and agree to the
exclusive jurisdiction of the Seoul Central District Court with regard to
disputes related to these Terms. However, if the laws of the country in which
You reside stipulate otherwise regarding the interpretation of these Terms and
jurisdiction, such laws shall apply.
Additional Information: To receive
information or technical support for Glamorous, please mail to bouchtaayoub55@gmail.com
CHAPTER 10.UGC community specification
1. Content Prohibited
Contains nudity, excessive violence, or
offensive subject matter or contains a link to an adult website. Constitutes or
promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous. Constitutes or promotes an illegal or unauthorized copy of another
person's copyrighted work. Includes a photograph or video of another person
that you have posted without that person's consent; or violates the privacy
rights, publicity rights, copyrights, trademark rights, contract rights or any
other rights of any person. Any other objectionable content.
2. Content Posted
Glamorous may reject, refuse to
post or delete any Content for any or no reason, including Content that in the
sole judgment of Glamorous violates this Agreement or which may be
offensive, illegal or violate the rights of any person or entity. Once content
is posted, you are solely responsible for the Content that you post on or
through any of the Glamorous Services, and any material or
information that you transmit to other Members and for your interactions with
other Users.
3. Activity Prohibited
Criminal or tortious activity.
Impersonating or attempting to impersonate another Member, person or entity.
SUPPLEMENTARY TERMS
The following additional terms
("Supplementary Terms") may apply respectively to Users having
residence in or nationality of certain countries. In the event of any conflict
between the Supplementary Terms and the provisions of the main body of the
Terms, the Supplementary Terms shall prevail.
EUROPEAN ECONOMIC AREA(EEA), UK OR
SWITZERLAND SUPPLEMENTAL TERMS AND CONDITIONS
For Users having their habitual
residence in European Economic Area (EEA), UK or Switzerland, the following
provisions shall apply. The provisions referred to therein (Preamble, Chapter,
Section and Article) are those of the Terms. Habitual residence is understood
to be the place where the User has his/her centre of life.
1. Preamble of the Terms of Service
The section in the Terms before Chapter
1 ("Preamble") shall be replaced by the following section:
These terms of service (“Terms”) apply
to any Users (“Users” or “You”) using the current and future versions of the
video communication service (“Glamorous”) owned and provided by GlamorousLLC
(the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING
OUR SERVICE.
The Supplementary Terms, which can
be found at the end of the Terms, may apply in addition to the Terms
respectively to Users having residence in certain countries.
2. Chapter 1, Article 2:
The provision in Chapter 1, Article 2 of
the Terms shall be replaced by the following provision:
The Company reserves the right to change
the Terms and the Supplementary Terms from time to time, to the extent that
such modification does not violate relevant laws and regulations and in any
case only if the changes are reasonable for the User considering the interests
of the Company. In the event the Company changes the contents of these Terms,
the Company will notify the Users the details of and reasons for the amendments
of the Terms. If the User does not object to the amendments of the Terms within
six (6) weeks of being notified thereof, the amended Terms shall be deemed to
have been accepted by the User. If a refund with regard to such amendments is
required by applicable law, You will be entitled to the refund accordingly.
The Company will inform the User in the change notification of the User's
right to object and the significance of the objection period in the
notification. If the User objects, the Company is entitled to delete the
Account and the data of the User. The Terms can also be amended by the User's
explicit consent to the changes proposed by the Company.
3. Chapter 2, Article 4:
The provision in Chapter 2, Article 4 of
the Terms shall be replaced by the following provision:
In the event You upload or otherwise
provide video, audio (e.g., music or other sounds), pictures, photos, text
(e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark,
service mark or logo), interactive features, software, metrics and other type
of materials (collectively, “Content”) on Glamorous, You hereby grant the
Company and its affiliates a non-exclusive, royalty-free, sub-licensable,
worldwide and transferable license regarding such Content. This license covers
Your Content if that Content is protected by intellectual property rights. This
license is for the limited purpose of providing You with Glamorous and
the Glamorous App. For this purpose, the Company and/or its
affiliates may use, host, store, reproduce, modify, edit, adapt, perform,
display, broadcast, distribute, rent, publicly transmit, or create derivative
works in connection with Your Content. In addition, so that the Company can
prevent the use of your Content outside of Glamorous, You authorize the
Company to act on your behalf with respect to infringing uses of your Content
taken from Glamorous by other Users or third parties. You may
terminate this license at any time by removing Your content from Glamorous or
deleting Your account.
4. Chapter 4, Article 5:
The provision in Chapter 4, Article 5 of
the Terms shall be replaced by the following provision:
You agree that the Company can use any
comments, suggestions, or feedback relating to Glamorous and/or
the Glamorous App ("Feedback") submitted by You to the
Company exclusive and worldwide for any purpose, without any compensation to
You or any other person. The Company will not be required to treat any Feedback
as confidential. You agree that You do not acquire any right in or to Glamorous and/or
the Glamorous App (or any changes, modifications or corrections
thereto) by virtue of any Feedback. You acknowledge that the Company will not
be responsible for whatever Feedback that You submit, including its legality,
reliability, appropriateness, originality, and copyright.
5. Chapter 4, Article 6:
In addition to the provision contained
in Chapter 4, Article 6 of the Terms, the following provision shall apply:
In the event of the contract being
transferred to a third party, the Company must notify the User at least four
(4) weeks before the date of transfer about the contract transfer. The User has
the right to terminate the contract with effect from the date of transfer.
6. Chapter 5, Section 1, Article 1 (c):
In addition to the provision contained
in Chapter 5, Section 1, Article 1 (c) of the Terms, the following shall apply:
In particular, You agree that the
Company may contact You with latest news and special offers in connection
to Glamorous by e-mail and/or push notification. If You do not wish
to receive such communication, You can disable Your account at any time.
7. Chapter 5, Section 1, Article 1 (e):
The provision in Chapter 5, Section 1,
Article 1 (e) of the Terms shall be replaced by the following provision:
The Company monitors Your Content in
various ways, including automated and human methods, in order to investigate
and detect Content in violation of applicable laws or material breaches of
these Terms and/or the User Guidelines, in particular Content that violates
rights of the Company, third parties and/or other Users. You understand and
agree that the Company may monitor or review any and all Content that You
transmit or share through Glamorous, including Your video chat screen.
8.Chapter 5, Section 2, Article 1 (a):
The provision in Chapter 5, Section 2,
Article 1 (a) of the Terms under the headline "Changes to Subscriptions
Services" shall be replaced by the following provision:
The Company reserves the right to change
the contents of Subscription Services with reasonable prior notice if the
Company deems it necessary to improve the performance or security of Glamorous (e.g.,
a bug, defect, etc.), to change its features or composition, to comply with
laws and regulations, or to prevent illegal activities on or abuse of Glamorous’s
system and the changes are reasonable for the User considering the interests of
the Company. In the event the Company changes the contents of Subscriptions
Services, the Company will notify the Users the details of and reasons for the
changes. If the User does not object to the changes within six (6) weeks of
being notified thereof, the amended contents shall be deemed to have been
accepted by the User. The Company will inform the User in the change
notification of the User's right to object to the changes of the Subscription
Services and the consequences of the objection period. If the User objects, the
Company is entitled to terminate the Subscription Services. The contents of
Subscription Services can also be amended by the User's explicit consent to the
changes.
9. Chapter 5, Section 2, Article 3:
Deviating from Chapter 5, Section 2,
Article 3 of the Terms, the provision that a penalty will be incurred for
cancellation if You choose to cancel Your Subscription Services after the
subscription period commences, shall NOT apply.
In addition to the provision contained
in Chapter 5, Section 2, Article 3 of the Terms, the following shall apply:
This provision does not affect the
mandatory legal provisions that apply in the event that the User exercises the
right of revocation.
10. Chapter 5, Section 2, Article
4:
In deviation from Chapter 5, Section 2,
Article 4 of the Terms, a minor within the meaning of the provision is a
User under eighteen (18) years of age.
11. Chapter 9, Article 2:
The provisions contained in Chapter 9,
Article 2 of the Terms do not in any case deprive the User of his/her statutory
rights.
12. Chapter 9, Article 3:
The provision in Chapter 9, Article 3 of
the Terms shall be replaced by the following provision:
Unless otherwise set out in the Service
Use Agreement and the Terms and Supplementary Terms (including this Section),
the Company shall be liable for a breach of contractual and non-contractual
duties as provided for by statute.
The Company has unlimited liability –
for whatever reason – for compensation for losses based on wilful (vorsätzlich)
or grossly negligent (grob fahrlässig) breach of duty by the Company or by any
of the Company's legal representatives or vicarious agents.
In the event of a merely slightly or
ordinarily negligent (einfach oder leicht fahrlässig) breach of duty by the
Company or one of the Company's legal representatives or vicarious agents, the
Company shall (subject to a milder level of liability pursuant to statute) be
liable only
(aa) but without limit – for resultant
losses arising from injury to life, limb or health;
(bb) for losses arising from a breach of
material contractual duties. Material contractual duties are those duties that
are material to proper performance of the contract and on whose fulfilment the
customer generally relies or is entitled to rely. In this case, however, the
amount of the Company's liability is limited to losses which are typical of
this type of contract and which were foreseeable at the time the contract was
concluded.
The liability limitations pursuant to
(c) do not apply where the Company has maliciously failed to disclose a defect
or where we have assumed a warranty for the Services. This shall have no effect
on any mandatory statutory liability [For users residing in Germany, in
particular under the German Product Liability Act (Produkthaftungsgesetz)].
Where the Company's liability is
excluded or limited under the above provisions, this also applies to the
personal liability of the Company's directors and officers, legal
representatives, employees, staff and other vicarious agents.
13. Chapter 10, Article 1:
The provision in Chapter 10, Article 1
of the Terms shall be replaced by the following provision:
The Terms and the Supplementary
represent the complete agreement concerning the matters covered between the
Company and You. If any term or provision of the Terms and the Supplementary
Terms is deemed invalid, void, or for any reason unenforceable, that part will
be deemed severable and shall not affect the enforceability or validity of the
remaining provisions, which shall remain in full force and effect.
14. Chapter 10, Article 4:
The provision in Chapter 10, Article 4
of the Terms shall not apply.
15. Right of Revocation
The following instructions of withdrawal
shall apply to the purchase of Products, as defined in the Terms, by the User
within Glamorous, if the User is a consumer. A consumer is any natural
person who concludes a legal transaction for a purpose that cannot be
predominantly attributed to his commercial or professional activity.
WITHDRAWAL INSTRUCTIONS
(a)Right of withdrawal
You have the right to withdraw from the
contract within 14 days without giving any reason. The withdrawal period will
expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you
must inform Us
GlamorousLLC
Address: 20F, ASEM Tower, 517,
Yeongdong-daero, Gangnam-gu, Seoul, Republic of Korea
Phone: +82-070-4406-7277
E-Mail: bouchtaayoub55@gmail.com
of your decision to withdraw from this
contract by an unequivocal statement (e.g. letter sent by post or e-mail). You
may use the model withdraw form under (c), but it is not obligatory.
To meet the withdrawal deadline, it is
sufficient for you to send your communication concerning your exercise of the
right of withdrawal before the withdrawal period has expired
(b)Effects of withdrawal
If you withdraw from the contract, we
shall reimburse to you all payments received from you, including the costs of
delivery (with the exception of the supplementary costs resulting from other
than the least expensive type of standard delivery offered by us), without
undue delay and in any event not later than 14 days from the day on which we
are informed about your decision to withdraw from this contract. We will carry
out such reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in any event,
you will not incur any fees as result of such reimbursement.
The right of withdrawal shall expire
prematurely in case of a contract for the supply of digital contents in
non-physical medium if we have started the execution of the contract, after you
(i) have expressly agreed that we shall
begin with the execution of the contract before the withdrawal period ends, and
(ii) have confirmed the knowledge of
losing Your right of withdrawal by consenting the start of the execution of the
contract.
(c) Sample form for withdrawal
(If you want to cancel the contract,
please fill out this form and send it back.)
To Email: bouchtaayoub55@gmail.com
Hereby I/we (*) cancel the from me/us
(*) concluded contract for the purchase of the following products
(*)/performance of the following services (*)
Ordered at (*)/received at (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only with
message on paper)
Date
(*) Delete as applicable.
JAPAN SUPPLEMENTAL TERMS AND CONDITIONS
This additional term supplements this
Terms of Service and applies solely to Users in Japan:
Article 2, Chapter 1 is replaced with:
“The Company reserves the right to
modify these Terms from time to time as it deems necessary, to the extent that
such modification does not violate relevant laws and regulations. In the event
the Company changes the contents of these Terms, the Company will notify the
Users the details of, reasons for and effective date of the change at least
seven (7) days prior to the effective date of such change; provided, however,
if the change of the contents of these Terms is unfavorable to the Users, the
Company will notify the Users at least thirty (30) days prior to the effective
date of such unfavorable change. If a refund with regard to such a change is
required by applicable law, You will be entitled to the refund accordingly.
However, changes that benefit Users or changes due to legal reasons may become
effective immediately. Notwithstanding the foregoing, the Company shall obtain
the User’s consent in a manner specified by the Company for the amendment or
change of the Terms that requires such consent under the applicable laws. In
this case, the modified Terms of Service will only apply to those Users who
have consented to the change in a manner prescribed by Us.”
The following shall be added at the end
of Chapter 1 as a new Article 5:
“If a User is a minor (under twenty (20)
years of age (eighteen (18) years of age from April 1, 2022)) or a person with
limited competence as defined under law, the consent of the User’s parents or
legal representative is required to use Glamorous and purchase any
Products. If a minor purchases a Product without the consent of his/her legal
representative, the minor and/or legal representative may cancel the purchase.
However, if a minor’s purchase is made within the scope of disposable property
permitted by his/her legal representative, or if the minor uses trickery, such
as using payment information of an adult without consent, to cause the Company
to believe that he/she is not a minor, such purchase may not be cancelled even
if it was made without the consent of the legal representative.”
The following shall be added to
Subparagraph (d), Article 2, Chapter 3 as the new item (iv), and the original
item (iv) shall be item (v):
“You are determined by the Company to
(i) constitute an organized crime group or a member thereof, rightist
organization, anti-social force or other similar person or entity
(collectively, “Antisocial Force”), or (ii) have any interaction or involvement
with an Antisocial Force in any manner such as assisting or being involved in
the maintenance, operation or management of an Antisocial Force by way of
finance or other means; or”
”
Articles 2 and 4, Section 2, Chapter 5
shall be deleted in its entirety.
The following shall be added at the end
of Chapter 10 as a new Article 6:
“6. Severability
If any provision of the Terms or a part
thereof is held to be invalid or unenforceable under Consumer Contract Law of
Japan or other laws or regulations, the remaining provisions hereof or the
remaining portion of the provisions held invalid or unenforceable in part shall
remain in full force and effect.”
SINGAPORE SUPPLEMENTAL TERMS AND
CONDITIONS
This section supplements and amends the
Terms to the extent that You are a User in Singapore:
Article 3, Chapter 2 is deleted in its
entirety and replaced with:
"You hereby consent to the
Company's collection, use and disclosure of personal information (as defined
under the Company's Privacy Policy), in accordance with the Company's Privacy
Policy."
Article 2(d), Chapter 3 shall be deleted
in its entirety and replaced with:
"Glamorous is intended solely
for Users who are seventeen (17) years of age or older. If You are under the
age of eighteen (18), You represent that your parent or legal guardian agrees
to be bound by these Terms on your behalf. Any attempt to access or use Glamorous by
any User under the age of eighteen (18) without such agreement of their parent
or legal guardian is strictly prohibited and shall be considered a material
violation of these terms".
The first sentence of Article 4, Section
2, Chapter 5 is deleted and replaced with:
"If You are a User who is under
eighteen (18) years of age, You must obtain the consent of Your parent or legal
guardian to purchase any Products."
The following shall be added at the end
of Chapter 9 as a new Article 6:
"Notwithstanding any other
provision herein, nothing in these Terms shall limit or exclude any liability
that cannot be limited or excluded by applicable law."
U.S. SUPPLEMENTAL TERMS AND CONDITIONS
These U.S. Supplemental Terms and
Conditions (in this Section D., together with the Glamorous Terms of
Service, the “Terms”) apply if You are accessing or using Glamorous from
within United States (including any of its territories and possessions). To the
extent there exists any conflict between these Supplemental Terms and the Glamorous Terms
of Service, these Supplemental Terms shall prevail. For purposes of these
Supplemental Terms, the term “Glamorous” includes, without limitation,
the Glamorous App itself, as made available by the Company.
THESE TERMS INCLUDE AN ARBITRATION
CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS WITH RESPECT TO
DISPUTES.
1. Applicable Law
The Terms, their subject matter, their
formation, and any arbitration proceeding outlined below, are governed by the laws
of the state of New York, without regard to its conflict of laws provisions.
2. Eligibility
If You are over the age of seventeen
(17) but under the age of eighteen (18), Your parent or guardian must agree to
be bound by these Terms on Your behalf. The Company reserves the right to
decline Your registration for service membership if You do not meet the minimum
age requirement set forth in these Terms.
If You are using Glamorous on
behalf of a business or entity, then You agree, represent and warrant that (a)
You are duly authorized by such business or entity to agree on its behalf and
bind such business or entity to these Terms; and (b) Your business or entity is
legally responsible for Your use of Glamorous as well as for the use
of Your account by other individuals authorized by Your business or entity,
including without limitation, any authorized employees or officers.
3. Content; Licenses; Location Data
Your Content. You agree not to
post any personal contact information, banking information, or sponsored or
promotional content on your individual profile page. Without limiting the
foregoing, if you do choose to reveal any personal information about Yourself
to other Users, You do so at your sole risk.
License. By using Glamorous,
and whenever You upload, stream, post or otherwise provide Content on, to, or
through Glamorous, You hereby grant to the Company and its affiliates a
worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable,
transferable and perpetual license to (a) display Your Content within Glamorous;
(b) allow other Users of Glamorous to view, access, and play Your
Content, (c) use, host, store, reproduce, modify, create derivative works (such
as those resulting from translations, adaptations or other changes the Company
makes so that Your Content is compatible with Glamorous), communicate,
publish, publicly perform, publicly display and distribute Your Content without
compensation to You or others, (d) sublicense and pass these rights along to
service providers and others with whom the Company has contractual
relationships related to the operation of Glamorous (e.g., cloud
hosting providers) and to otherwise permit access to or disclose Your Content
to the extent set forth in the Terms, and (e) use Your User name, image, voice,
and likeness to identify You as the source of any of Your Content, and You
hereby waive any and all rights of privacy, publicity, or any other rights of a
similar nature in connection with Your Content.
Other Users’ Content. You may only
use other Users' information and Content for purposes of meeting with others
consistent with the purposes and policies of Glamorous. You may not use
other Users' information for commercial purposes, to spam, to harass, to make
unlawful threats, or in any other manner inconsistent with applicable laws. The
Company reserves the right to terminate Your account immediately, and without notice,
if You misuse other Users' information or Content.
Location Data. Certain Content,
services and materials may be made available to You based on Your location. If
You have disabled, or have not authorized Glamorous to access,
location data services on Your Device, location-specific Content, services and
materials will not be available to You.
4. Items and Products; Subscription
Services
Access to certain Products may not be
available in Your jurisdiction. You acknowledge and agree that the
Company has the right, in its sole discretion, to manage, modify, update, or
cancel, in whole or in part, any Products, or programs under which Products may
be purchased, used or redeemed, at any time. However, if the Company
modifies, updates or cancels any Products, or programs under which Items or
Products may be purchased, used or redeemed, in a manner that materially
diminishes the value of any Subscription Services You have purchased, the
Company will notify You of the relevant change or cancellation, by in-app
notice and/or by email notice to the email address associated with Your User
account, at least seven (7) days in advance of the proposed effective date of
the change, and, notwithstanding anything to the contrary set forth in the
Terms, You may cancel any affected Subscription Services at any time prior to
the effective date of the change or cancellation without liability. If
You do not cancel the Subscription Services within such seven (7) day time
period, You will be deemed to have assented to the relevant Product or program
changes and, to the extent applicable, continued participation in the
Subscription Services.
The following provisions apply in lieu
of (and supersede and replace) Article 3 of Section 2 Chapter 5 of the Glamorous Terms
of Service (Refunds):
Unless otherwise specified in these
Terms or required under applicable law, any Products including without
limitation the following are not refundable, in any event, after purchase:
Products that are in the possession of
any Users whose use of Glamorous has been suspended due to a
violation of these Terms or illegal acts;
Products which have been used in whole
or in part;
Products that were purchased more than
five (5) years ago;
Products that remain at the time of one
(1) year from Your last use of Glamorous;
Products that are in the possession of
any Users who have terminated use of Glamorous or removed the Glamorous App;
and
Products that were purchased by third
parties as a result of theft or loss of Device or caused by Your careless
including the situation as set forth in Article 1 (d), Section 2, Chapter 5.
If You choose to cancel Your
Subscription Services after the subscription period commences, the Company will
determine whether You are eligible for any refunds in its sole discretion and
will deduct from any amounts refundable to You a termination fee equal to the
sum of (a) 10% of the charges corresponding to the remaining subscription
period, or the highest amount permitted under applicable law, whichever is
lesser, (b) any third party payment processing fees and costs proportional to
the amount of subscription period that has lapsed, and (c) if, at the time of
cancellation, You have already used any Gems that You received as part of the
Subscription Services, the costs for such used Gems (collectively, the
“Termination Fee”). The parties intend that the foregoing amounts constitute
compensation, and not a penalty, and that the foregoing amounts are a
reasonable estimate of the anticipated or actual harm to the Company that would
result from Your early cancellation of Subscription Services. Your payment of the
foregoing amounts is the Company’s exclusive remedy for early cancellation of
the relevant Subscription Services. For clarity, except to the extent
applicable law requires otherwise, the Company is not required to provide
refunds, benefits, or other compensation if You cancel Your Subscription
Services during the subscription period.
In addition, refunds for any and all
Products as permitted under the applicable laws of Your jurisdiction will be
processed, and may be limited, in accordance with the refund policies of the
third party providing the payment processing services (i.e., Application
Stores) that You used to purchase the Product. Therefore, We recommended that
You check the respective refund provisions and policies of such third parties.
Except as expressly set forth in these
Terms, the Company is not required to provide refunds, benefits, or other
compensation to You in connection with any discontinued elements of Glamorous or
for Gems or other Products previously purchased.
5. Third Party Disputes
To the fullest extent permitted by law,
You acknowledge and agree that any claim or dispute You have with any other
third party in connection with Glamorous (including without
limitation any other User of Glamorous or any third party provider of
materials or links appearing on Glamorous) is between You and such third
party and You irrevocably agree to indemnify, release and hold harmless the
Company and its affiliates, and its and their officers, directors, employees,
contractors and suppliers from any and all claims, demands and/or damages
arising out of any such claim or dispute.
6. Feedback
You hereby assign to the Company any and
all right, title and interest (including, but not limited to, any patent,
copyright, trade secret, trademark, show-how, know-how, moral rights and any
and all other intellectual property right) that You may have in and to any and
all Feedback.
7. Removal of Content; Suspension
or Termination of Access
Without limiting the Company’s rights
under the Glamorous Terms of Service, if You violate or are suspected
of violating any laws, regulations, these Terms, and other policies applicable
to Your use of Glamorous, the Company may take appropriate measures
(including suspending or blocking Your account, revoking all or a portion of
Your access rights, or reporting Your conduct to authorities) immediately,
without notice to You (notwithstanding anything to the contrary set forth in
the Glamorous Terms of Service). In addition, the Company reserves
the right to moderate, block or remove, with or without notice to You, Your
Content, for any reason, including without limitation if the Company receives
complaints from other Users or a third party relating to Your Content.
You acknowledge and agree that Glamorous is
not a storage service. If You choose to deactivate Your account or Your
account is terminated by the Company for any reason, You will not be able to
reactivate Your account or retrieve any of the Content or information
associated with Your account. As a result, the Company recommends that You save
copies of any Content or other information associated with Your account on Your
personal device.
Notwithstanding the foregoing paragraph,
You acknowledge and agree that the Company and its affiliate companies may
preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to, among other things:
comply with legal process, applicable
laws, and lawful requests from government and/or law enforcement agency;
enforce these Terms;
respond to claims that any content
violates the rights of third parties; or
protect the Company’s rights, property
and/or the personal safety of the Company’s Users and/or the public.
You understand that even if You remove
Your Content from Glamorous, the Company may not be able to prevent any
other Users from storing or archiving any of Your Content that You have shared
via Glamorous.
8. Copyright
The Company respects the intellectual
property rights of others and asks You to do the same. As a condition of Your
access to and use of Glamorous, the Company reserves the right, with or
without notice, at any time and in the Company’s sole discretion, to block
access to or terminate the accounts of any User who infringes upon or is
alleged to infringe upon any intellectual property rights of any person or
entity.
If the Company receives a complaint
alleging copyright infringement relating to Your Content, the Company may
delete or block access to the relevant Content without notice to You, and You
shall be solely liable for any damages or other consequences caused by such
infringement allegations.
If You are a copyright owner or an agent
thereof and believe any Content provided through Glamorous infringes
upon Your copyrights, You may submit a notification of claimed infringement
under the Digital Millennium Copyright Act (“DMCA”) by providing notice
to bouchtaayoub55@gmail.com containing the following information: (a)
a physical or electronic signature of a person authorized to act on behalf of
the owner of a copyright that is allegedly infringed, (b) a description of the
copyrighted work that You claim has been infringed, (c) a description of where
the material that You claim is infringing is provided through Glamorous,
(d) Your address, telephone number, and email address, (e) a written statement
that You have a good faith belief that use of the material is not authorized by
the copyright owner, its agent, or the law and (f) a statement, under penalty
of perjury, that the information in the notification is accurate and that You
are the copyright owner or authorized to act on the copyright owner’s behalf.
You acknowledge that if You fail to comply with all of the above
requirements of this Section, Your DMCA notice may not be valid.
In the event Your Content is removed in
response to a DMCA complaint, You will receive information on how to file a
counter-notice. Notices described in this Section are legal notices separate
from the Company’s regular activities or communications and are not subject to
the Privacy Policy.
9. Dispute Resolution
ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration
agreement and an agreement that all claims will be brought only in an
individual capacity (and not as a class action or other representative proceeding).
Please read it carefully. You may opt out of the arbitration agreement by
following the opt out procedure described below.
Arbitration Agreement. Any dispute,
controversy, or claim (collectively, “Claim”) relating in any way to Your use
of Glamorous, or relating in any way to the communications between You and
the Company or any other User of Glamorous, will be finally resolved by
binding arbitration. This mandatory arbitration agreement applies equally to
You and the Company. However, this arbitration agreement does not (a) govern
any Claim by the Company for infringement of its intellectual property or
access to Glamorous that is unauthorized or exceeds authorization
granted in these Terms or (b) bar You from making use of applicable small
claims court procedures in appropriate cases. If You are an individual, You may
opt out of this arbitration agreement within thirty (30) days of the first of
the date You access or use Glamorous by following the procedure
described below.
You agree that the U.S. Federal
Arbitration Act governs the interpretation and enforcement of this provision,
and that You and the Company are each waiving the right to a trial by jury or
to participate in a class action. This arbitration provision will survive any
termination of these Terms.
The arbitration will be administered by
the American Arbitration Association ("AAA") in accordance with the
Consumer Arbitration Rules (the "AAA Rules") then in effect, except
as modified by this Section. (The AAA Rules are available at adr.org or by
calling the AAA at 1-800-778-7879.)
The arbitrator, and not any federal,
state, or local court, will have exclusive authority to resolve any dispute
relating to arbitrability and/or enforceability of this arbitration provision,
including without limitation any unconscionability challenge or any other
challenge that the arbitration provision or the Terms are void, voidable or
otherwise invalid. However, the preceding sentence will not apply to the “Class
Action Waiver” section below.
The arbitrator will be empowered to
grant whatever relief would be available in court under law or in equity. Any
award of the arbitrator(s) will be final and binding on each of the parties and
may be entered as a judgment in any court of competent jurisdiction.
If the value of Your claim does not
exceed $10,000, the Company will pay for the reasonable filing, administrative
and arbitrator fees associated with the arbitration, unless the arbitrator
finds that either the substance of Your claim or the relief sought was
frivolous or brought for an improper purpose.
If You do not want to arbitrate disputes
with the Company and You are an individual, You may opt out of this arbitration
agreement by sending an email to bouchtaayoub55@gmail.com within thirty
(30) days of the first of the date You access or use Glamorous.
CLASS ACTION WAIVER: ANY CLAIM MUST BE
BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE
PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE
ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT
TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE
SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR
ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS
ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE
DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.
THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR
JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION,
IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH
ARBITRATION.
If this class action waiver is found to
be unenforceable, then the entirety of the Arbitration Agreement, if otherwise
effective, will be null and void. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that party's individual
claim. If for any reason a claim proceeds in court rather than in arbitration,
You and the Company each waive any right to a jury trial.
10. California Consumer Rights
Notice
Under California Civil Code Section
1789.3, California Users of Glamorous receive the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
11. New Jersey Residents
The laws of the State of New Jersey may
further limit the limitations of liability set forth in the Terms. In such case
You explicitly agree that the Company’s (or any other released party’s)
liability to You shall apply to the maximum extent permitted by the laws of the
State of New Jersey.
12. Exports
You agree that You will not export or
re-export, directly or indirectly, the Glamorous App or any other
portion of the products, services, or other information or materials provided
by the Company hereunder, to any country for which the United States or any
other relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or
approval. In particular, but without limitation, neither Glamorous nor
any of the foregoing products, services, information or materials may be
exported or re-exported (a) into any U.S. embargoed countries or any country
that has been designated by the U.S. Government as a “terrorist supporting”
country, or (b) to anyone listed on any U.S. Government list of prohibited or
restricted parties, including without limitation the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person’s List or Entity List.
13. U.S. Government Rights
The Glamorous App and all
related technology and documentation are "Commercial Items", as that
term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as
such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and Commercial Computer
Software Documentation are being licensed to U.S. Government end Users (a) only
as Commercial Items and (b) with only those rights as are granted to all other
end Users pursuant to the terms and conditions herein.
INDIA SUPPLEMENTAL TERMS AND CONDITIONS
This additional term supplements the
Terms to the extent You are a User in India:
The following shall be added to Article
2, Chapter 4 as the items (xvi) and (xvii) followed by the existing item (xvi)
changed as item (xvii):
“xvi. Physical, psychological or sexual
child abuse; and
xvii. Acts that threaten the unity,
integrity, defence, security or sovereignty of India, friendly relations with
foreign States, or public order, or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting
other nation.
The following shall be added at the end
of Chapter 8 as a new Article 3:
“3. Removal of Content
Notwithstanding anything to the contrary
hereunder, the Company may delete or block access to any Contents, in whole or
in part, that violates Article 2, Chapter 4 of these Terms. The Company may
also delete or block access to any Contents, in whole or in part, that violates
any law for the time being in force upon any order by a court of competent
jurisdiction or any notification by the Appropriate Government or its agency.
The Company may preserve such Content and associated records for 180 days or
longer period if required by law for investigation purposes for users in India.
In the event that the Company deletes or
blocks access to Your Contents pursuant to this Article of its own accord, the
Company will notify You of measures being taken and reason for taking such
measures and You may appeal to our decision about Your Content and request for
the reinstatement of access to such Content.