TERMS & CONDITIONS
Last Updated: 12/5/2013
Glant Textiles reserves the right to change or modify these Terms at any time and in our sole discretion. If Glant Textiles makes changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.
2. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Services; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
In order to access and use certain areas or features of the Services, you may be required to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name.
In consideration of your use of the Services, you agree to (w) provide accurate, current and complete account information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (z) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
3. Copyright and Limited License
Unless otherwise indicated on the Services or by Glant Textiles, the Services and all content and other materials therein, including, without limitation, the Glant Textiles logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Glant Textiles or our licensors or users and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by us, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Glant Textiles or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
4. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Glant Textiles has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, account holders or other users of the Services who are deemed to be repeat infringers. Glant Textiles may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: Adam Glant
Address: 3031 South Walden Street, Seattle, Washington 98144
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Glant Textiles” and the Glant Textiles logo and any other Glant Textiles product or service names, logos or slogans that may appear on the Services are trademarks of Glant Textiles in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Glant Textiles or the applicable trademark holder. You may not use any metatags or other “hidden text” utilizing “Glant Textiles” or any other name, trademark or product or service name of Glant Textiles without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Glant Textiles and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Glant Textiles.
You are granted a limited, nonexclusive right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Glant Textiles or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Glant Textiles logo or other proprietary graphic of Glant Textiles to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Glant Textiles trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Glant Textiles or any third party.
Glant Textiles makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any site that may be linked to the Services, any link contained in a linked site, or any review, changes or updates to such sites. The existence of any link between a third-party website and the Services does not imply affiliation, endorsement or adoption by Glant Textiles of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
7. Third Party Content
We may provide third party content on the Services (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and make no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Glant Textiles is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
8. Third-Party Products and Services
We may provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Glant Textiles is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Services.
The Services include interactive features and areas that allow users to create, post, transmit or store content, including but not limited to text, photos, video, graphics, code and other items or materials (collectively, “Submissions”). You understand that your Submissions, and certain information about yourself that you provide in connection with your Submissions, may be publicly viewable. We reserve the right to display your Submissions through the Services, but have no obligation to do so. You agree that you are solely responsible for your Submissions and for your use of such interactive areas, and that you use them at your own risk.
By providing a Submission, you agree not to transmit, upload to, post, distribute, store, create or otherwise publish through the Services any of the following:
- Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Submissions, you represent and warrant that you have the lawful right to distribute and reproduce such Submissions;
- Submissions that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Submissions that, in the sole judgment of Glant Textiles, are objectionable or which may expose Glant Textiles or others to harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use another user’s account without authorization from such user and Glant Textiles;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Develop any third-party applications that interact with Submissions and the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
We are not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor are we responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce these Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, we are not liable for any statements, representations or Submissions provided by our users through the interactive area of the Services. Although we have no obligation to screen, edit or monitor any Submissions, we reserve the right, and have absolute discretion, to remove, screen or edit any Submissions posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Submissions you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
10. Rights in Submissions
You retain all ownership rights in the Submissions you provide to us. By uploading or otherwise providing Submissions on or through the Services, you grant Glant Textiles a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions on the Services and in any other advertising or marketing materials that promote Glant Textiles and the Services. We will obtain your consent prior to using your Submissions as described in this section.
By providing your Submissions through the Services, you represent and warrant that (a) such Submissions are non-confidential; (b) you own and control all of the rights to such Submissions or you otherwise have all necessary rights to submit or post such Submissions; (c) the Submissions are accurate and not misleading or harmful in any manner; and (d) the Submissions, and your use and posting thereof, do not and will not violate these Terms or any applicable law, rule or regulation.
Separate and apart from Submissions, you can generally submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Glant Textiles and the Services (“Feedback”). Any Feedback, whether submitted by email or otherwise, is non-confidential and shall become the sole property of Glant Textiles. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Glant Textiles and our partners, independent contractors, service providers and consultants and our respective directors, officers, employees and agents (collectively, the “Glant Textiles Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Feedback you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GLANT TEXTILES, THE SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GLANT TEXTILES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. GLANT TEXTILES DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
GLANT TEXTILES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE GLANT TEXTILES ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, GLANT TEXTILES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Glant Textiles reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Glant Textiles. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
14. Limitation of Liability
IN NO EVENT SHALL GLANT TEXTILES OR THE GLANT TEXTILES PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM GLANT TEXTILES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GLANT TEXTILES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GLANT TEXTILES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GLANT TEXTILES FOR ACCESS TO OR USE OF THE SERVICES.
15. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Glant Textiles will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
16. Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GLANT TEXTILES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GLANT TEXTILES.
You and Glant Textiles agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Glant Textiles are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Glant Textiles agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Glant Textiles shall be sent to Glant Textiles, Inc., Attn: Legal, 3031 South Walden Street, Seattle, Washington 98144. You and Glant Textiles further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Seattle, Washington; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND GLANT TEXTILES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
Notwithstanding any of these Terms, Glant Textiles reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we may collect information when you create an account, participate in any interactive features of the Services, fill out a form, request customer support or otherwise communicate with us. The types of information we may collect include your name, company name, email address, phone number, address, photos or other images of work that incorporate our products and any other information you choose to provide.
Information We Collect Automatically When You Use the Services
When you access or use the Services, we automatically collect information about you, including:
- Log Information: We log information about your use of the Services, including your Internet Protocol (“IP”) address, web request, access times, pages viewed, web browser, links clicked and the page you visited before navigating to the Services.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve the Services and your experience, see which areas and features of the Services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through the Services.
Use of Information We may use information about you for various purposes, including to:
- Provide, maintain and improve the Services and send you related information, including notifications and confirmations;
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Respond to your comments, questions and requests, and provide customer service;
- Communicate with you about products, services and events offered by Glant Textiles and provide other news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with the Services;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose for which the information was collected.
Glant Textiles is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
- With vendors, consultants and other service providers who are working on our behalf and require access to your information to carry out their work;
- If you submit content (such as photos or images) through the Services, such content may be publicly viewable in addition to certain information you provide about yourself in connection with your submission;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Glant Textiles or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Security Glant Textiles takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Your Choices Account Information
You may update, correct or delete information about you at any time by emailing us at firstname.lastname@example.org. If you wish to deactivate your account, please email us at email@example.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional emails from Glant Textiles by following the instructions in those emails messages. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Glant Textiles Corporation
3031 South Walden
Seattle, WA 98144
T: 206 725 4444 | 800 88 GLANT (800 884 5268)
F: 206 725 5544