Last Revised: September 22, 2022
Thank you for choosing to use our services.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Glass offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
Glass provides a business platform which enables people and organizations to build and publish custom websites for business purposes. The platform includes or plans to include a range of additional business tools to optimize websites and online stores, manage products, inventory, payments, fulfillment, shipping, operations, marketing, advertising, and relations with existing and potential customers and vendors. Any such service or services offered by Glass are referred to in these Terms of Services as “Services”. Services refers to anything that we offer for you to use or consume, including services which may be registered for online but may be accessed, at least in part, offline, as well as services you may use to create your own products and services for your customers. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.glass.fm/legal/terms. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).
The Glass Terms constitute a binding and enforceable legal contract between Glass and its affiliated companies and subsidiaries worldwide (“Glass”, “us” or “we”) and you in relation to the use of any Glass Services - so please read them carefully.
In order to access and use certain sections and features of the Glass Services, you must first register and create an account with Glass (“User Account”). You can register on your own, on behalf of your employer, or pursuant to an invitation to join an employer’s team. When you join a team, the team’s management can set roles for you that limit your ability to perform certain actions on our platform. They can also suspend or terminate your access.
If you represent an employer, you may invite others to join your team. You are responsible for the activities of all Users who access or use the Services through your account and you agree to ensure that any such User will comply with the terms of this Agreement and any Glass policies. Glass assumes no responsibility or liability for violations. If you become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Glass at email@example.com. Glass may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Glass be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Glass Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Glass Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
Glass will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Glass Service, as the person or entity who has access to the e-mail address then listed in Glass’s records for such User Account under which such User Platform or User Content was created.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
As between Glass and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Glass does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All rights, title and interest in and to the Glass Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Glass Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Glass.
Subject to your full compliance with the Glass Terms and timely payment of all applicable Fees, Glass hereby grants you, upon creating your User Account and for as long as Glass wishes to provide you with the Glass Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Glass Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Glass Terms, and solely within the Glass Services.
The Glass Terms do not convey any right or interest in or to Glass’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Glass Terms constitutes an assignment or waiver of Glass’s Intellectual Property rights under any law.
In addition to the above, certain creative content, such as fonts, images, or templates, may be made available to you within the Glass Services that are licensed to Glass by a third party provider; you alone are therefore subject to additional license terms of any such provider.
If you provide us with any suggestions, comments or other feedback relating to the Glass Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Glass. By providing such Feedback to Glass, you acknowledge and agree that it may be used by Glass in order to: (i) further develop, customize and improve of the Glass Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Glass -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Glass may use to provide and improve its services, (vi) to enhance Glass data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Glass any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
The use of certain Glass Services may be subject to payment of particular fees, as determined by Glass in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Glass will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Glass reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Glass shall have the right to automatically and without notice renew your subscription to such Glass Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Glass. To the extent permitted by law (and unless specified otherwise by Glass in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Glass Services, or to any payments or purchases made by you. If Glass is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Glass is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Glass (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Glass or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with Glass to pay for your Paid Services (“Stored Card”). You will be able to identify and/or update your Stored Card when logged into your account.
In order to ensure that you do not experience any interruption or loss of services, our Paid Services typically require automatic renewal. Such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Glass will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Glass will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
Some Paid Services may offer you an option to turn off automatic renewal. If you do so, you must initiate payments on your own in order to ensure that there are no outstanding balances.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Glass Services you use (whether or not such Glass Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Glass Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Glass Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Glass in relation to the discontinuation of any Glass Services or Third Party Services, for whatever reason.
If you are not satisfied with Glass Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Glass Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Glass services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Glass Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Glass Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Glass receives such notice within such Refund Period, Glass will refund to you the amount Glass charged you for such Glass Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Glass will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Glass Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Glass Services may be non-refundable. These include Third Party Services such as creative works, business tools and applications. The terms of each purchased service or application are indicated on the Glass Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Glass will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Glass account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Glass Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Glass Services will not resume until you re-subscribe for any such Glass Services, and pay any applicable Fees in full, including any fees and expenses incurred by Glass and/or any Third Party Services for each Chargeback received (including Fees for Glass Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Glass, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Glass Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Glass Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
You may discontinue to use and request to cancel your User Account and/or any Glass Services at any time, in accordance with the instructions available on the Glass Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Glass Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
If you represent your employer, the cancellation of your account will terminate the accounts of all of the Users of the employer’s team. This team includes any Users that were invited to join the employer’s team and registered pursuant to receiving such an invitation.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of the Glass Terms and/or to pay any due Fee shall entitle Glass to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Glass Services (e.g., Paid Services) or Third Party Services to you.
If your User Account or any Glass Services or Third Party Services related to your User Account are canceled (whether at your request or at Glass’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Glass shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Glass Services following their cancellation, as determined by Glass in its sole discretion.
The Glass Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform (“User Products”, and collectively – “E-Commerce”).
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.
When someone purchases your User Products, the payments for such transactions will be processed through Glass Payments or through a third-party payment service provider (“Payment Provider(s)”).
Depending on your plan, Glass may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by Glass, and authorize Glass to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
Subject to territorial restrictions, you may accept payments with Apple Pay. By using Apple Pay, you accept and agree to the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. We may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account through your User Account dashboard. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9 below.
As part of the Glass Services, Glass may provide video services (such as Glass Video or Glass Pro Gallery) for managing videos on User Platforms (the "Video Services").
The use of the video services for your User Platform, may require that you receive a license to use certain patents from MPEG–LA (the "License"). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C. here.
The Glass Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Glass Website (including the Glass App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Glass Services, offered separately by Glass or persons certified or authorized by Glass, or otherwise offered anywhere on the Glass Services), Glass merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Glass will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to Glass and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Glass may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Glass Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
When using the Glass Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Glass with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Glass Services, please immediately report such User and/or Third Party Service to us at firstname.lastname@example.org. You agree that your report shall not impose any responsibility or liability upon Glass, and that Glass may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Glass acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement at email@example.com or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Glass to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Glass’s Copyright Agent can be reached at the following address:
155 Water Street, Suite 503
Brooklyn, NY 11201
In the event that Glass receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Glass’s sole reasonable discretion. Glass reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
We provide the Glass Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Glass Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Glass Services – so please be sure to verify those before using or otherwise engaging them.
Glass may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Glass be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Glass Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Glass shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Glass Services and/or connecting and/or dealing with any Third Party Services through or in connection with Glass Services, and that Glass cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Glass does not recommend the use of the Glass Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Glass Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Glass Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Glass Services at this BETA stage signifies your agreement to participate in such Glass Services’ BETA testing.
To the fullest extent permitted by law in each applicable jurisdiction, Glass, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Glass Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Glass Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Glass Services; (6) events beyond the reasonable control of Glass, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Glass Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Glass’s services to you, and such limitations will apply even if Glass has been advised of the possibility of such liabilities.
Glass reserves the right to change, suspend or terminate any of the Glass Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Glass Services (including removal of any materials created by you in connection with the Glass Services) for any reason and/or change any of the Glass Terms with or without prior notice - at any time and in any manner.
You agree that Glass will not be liable to you or to any third party for any modification, suspension or discontinuance of those Glass Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Glass Services without enabling such changes, or provide you with alternative Services.
The Glass Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Glass Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Glass Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Glass shall only be resolved on an individual basis and you shall not have the right to bring any claim against Glass as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Glass will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.
We may provide you with notices in any of the following methods: (1) via the Glass Services, including by a banner or pop-up within the Glass Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Glass’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Glass Terms, and your use of the Glass Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Glass and you.
Glass may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Glass Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Glass. Any attempted or actual assignment thereof without Glass’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 15.6 shall not in itself grant either Glass or you the right to cancel any Glass Services or Third Party Services then in effect.
If any provision of the Glass Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Glass Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
To get in touch with our Customer Service - please use any of the options listed below: