GlowDay Terms of Use

Date of Last Revision: February 12'th 2008

Welcome to GlowDay, a service that allows you to create online surveys and polls, embed them on web sites, and solicit online feedback. The GlowDay Service and Site is operated by GlowDay, Ltd., ("the Company".)

By accessing or using the GlowDay Site web site at glowday.com (the "Site") or by posting GlowDay widgets, charts or other Content on your Blog, Social Networking or other Web Page, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of GlowDay.

We reserve the right, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the revised Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Eligibility

This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Registration or other use of the GlowDay Site by people under 13 is unauthorized. By using the Site, you certify that you are over 13 and that you agree to and to abide by all of the terms and conditions of this Agreement.

Account Security

When you sign up to GlowDay, you will chose a password. Your password is important as you must login to the GlowDay service using this password in order to post Content. You are responsible for maintaining the confidentiality of your password.

You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party.

GlowDay will not provide your account details to any third party, except GlowDay will email a new password to your registered email address when requested to do so. You are responsible for the security and safe storage of this email.

Proprietary Rights in Site Content; Limited License

You are solely responsible for all content that you upload, link to, embed, publish or display (hereinafter, "Post") on or through the GlowDay Service.
GlowDay does not claim any ownership rights on any Content that you Post on the GlowDay Service. You retain all ownership rights but you grant GlowDay a limited license to use, modify, copy, and distribute this Content solely through the GlowDay Service.
By Posting content on GlowDay, you certify that
1. You own the content that you Post, or you otherwise have the right to grant the Limited License to GlowDay to use, modify, and distribute this Content.
2. The publishing of your Content through the GlowDay Service does not violate copyright or any other rights of any person or Company.
You are responsible for what you Post on GlowDay. You agree to pay any monies owing any person by reason of any Content posted by you on the GlowDay Service.

Trademarks

The GlowDay name and logo is a registered trademark of The Company in the E.U.. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Conduct

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

Use programs or other automated scripts to 'screen scrape' or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

User Content

When you post Content to the Site, you authorize us to make such copies thereof as we deem necessary in order to facilitate the operation of the GlowDay, and you grant, and you represent and warrant that you have the right to grant, to GlowDay a non-exclusive, transferable, fully paid, worldwide license to use copy, publicly display this content on the GlowDay site.

Copyright Complaints

These Terms of Use specifically prohibit users from uploading, posting or otherwise displaying on the Site any materials that violate another party's intellectual property rights. GlowDay respects the Intellectual Property Rights of others.
GlowDay has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat copyright infringers. GlowDay may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimers

GlowDay is not responsible or liable in any manner for any Content posted on the Site, whether posted or caused by users of the Site, by GlowDay, or by third parties.
Although GlowDay provides rules for user conduct and postings, GlowDay does not control and is not responsible for what users post on the Site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site. GlowDay is not responsible for the conduct of any user or member of the Site or Service.
The Site may be unavailable or otherwise inaccessible from time to time for maintenance or other reasons. GlowDay assumes no responsibility for
THE SITE AND CONTENT ARE PROVIDED "AS-IS" AND GLOWDAY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GLOWDAY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. GLOWDAY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF THE SITE AND DOWNLOADING OF CONTENT OR FILES FROM THE SITE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content and software used or contained in the Site without notice.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of Site, and your conduct in connection with with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

These Terms of Use constitute the entire agreement between you and GlowDay regarding the use of the Site.