Gloveslap Terms and Conditions

Last Updated: July 7, 2011

The following sets forth the terms and conditions for gloveslap.com. These terms and conditions represent a binding agreement between you and Gloveslap Social Stadium Inc. (“Gloveslap”) and govern your use of gloveslap.com (the “Website”) including all of the information and materials available on gloveslap.com. By using gloveslap.com, which includes but is not limited to browsing the website and posting content, you are agreeing to the terms and conditions contained herein. In these Terms of Use the services offered through the Website are called the “Services”, and “Content” means any content of any kind, whether it be written, visual, audio, or otherwise.

Gloveslap maintains the right to amend the terms and conditions discussed herein, in its sole discretion without notice. Each time you enter the website, you are agreeing to the terms and conditions at the time of use. It is your responsibility to check for updates upon revisiting gloveslap.com.

1. Use of the Website

Gloveslap grants you permission to use the Website, provided that (i) you do not copy, distribute or modify any part of the Website without Gloveslap’s written permission (ii) you do not transmit any content that contains any malicious material, including content that is intended to collect information from our system or other users, content that is intended to disable or circumvent security measures of any kind, content that may/will cause any system to malfunction (i.e. viruses, Trojans, worms, malware, spyware, adware, etc.), or harmful computer code, files or programs. This includes but is not limited to material that will disrupt servers or the Website (iii) you agree to not interfere with or circumvent any security related features of our website (4) you agree and comply with these Terms of Service. (5) By using gloveslap.com you hereby agree with these Terms of Service. If you do not agree with any part of these Terms of Service Gloveslap does not grant you permission to use the Website.

In order to access most features of the Website, you will be required to create an account. You may never use the account of another user without that user’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Gloveslap immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Gloveslap or others due to such unauthorized use. Gloveslap will not be liable for your losses caused by any unauthorized use of your account.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Gloveslap servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gloveslap grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gloveslap reserves the right to revoke these exceptions either generally or in specific cases.

Access Termination and Content Removal

Gloveslap maintains the right, in its sole discretion, to terminate your access to the Website. Although Gloveslap has the right to delete your account without notice or cause, your account is unlikely to be deleted unless you are conducting activity that the Company deems harmful to the Website and its users. If you are inactive for over 1 year, the company may delete your account and issue your username to another user. Gloveslap also reserves the right to remove any submission(s) for any reason from the Website. Furthermore, by using the Website you agree that Gloveslap shall not be liable to you or anyone for the termination of your access to our website or the removal of any submissions.

2. Third-Party Links

The Website may contain links to third party websites that are not owned or controlled by Gloveslap. Gloveslap is not affiliated with those websites and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, Glovslap will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Gloveslap from any and all liability arising from your use of any third-party website.

3. Intellectual Property

Content on the Website other than User Submitted Content, is the property of Gloveslap or its licensors and is provided to you for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes without Gloveslap's prior written consent. Glovelsap reserves all rights not expressly granted in and to the Website and such content. You agree to not engage in the use, copying, or distribution of any of such content other than expressly permitted herein, including any use, copying, or distribution for commercial purposes of third-party User Submissions obtained through the Website. If you download or print a copy of any of such Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

4. User Submitted Content

You are responsible for any content you post on gloveslap.com, and for any consequences thereof. You understand that whether or not User Submitted Content is published, Gloveslap does not guarantee any confidentiality with respect to any User Submissions. “User Submitted Content” includes opinions, photos, videos or other content submitted by you and other users.

You shall be solely responsible for the content that you submit and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Gloveslap to use all copyright, trademark or other proprietary rights in and to any User Submitted Content to enable inclusion and use thereof as contemplated by the Website and these Terms of Use.

You retain all of your ownership rights in your User Submitted Content. However, by submitting content to Gloveslap, you hereby grant Gloveslap, in addition to any other rights which it has pursuant to any other program established by Gloveslap, a worldwide, perpetual, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submitted content in connection with the Website and Gloveslap's (and its successor's) business, including without limitation to grant access to the Website to third parties to view User Submitted Content (and derivative works thereof). You also hereby grant each user of the Website or other viewer of your content a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions, all for non-commercial and personal use. The foregoing licenses granted by you are perpetual, and survive the termination of your account with us.

You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submitted Content and to grant Gloveslap all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Gloveslap or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. Gloveslap does not endorse any User Submitted Content or any opinion, recommendation, or advice expressed therein, and Gloveslap expressly disclaims any and all liability in connection with User Submitted Content.

Subject to the Privacy Policy, if you send to Gloveslap or post on the Website in any public area any information, ideas, inventions, concepts, techniques or know-how, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Gloveslap can use such material without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to such material. We expect to actively review such material for new ideas. If you wish to preserve any interest you might have in such material, you should not post them to the Website or send them to us.

You understand that when using the Website, you will be exposed to User Submitted Content from a variety of sources, and that Gloveslap is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submitted Content. You may be exposed to User Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Gloveslap with respect thereto. You acknowledge that access to certain content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

5. Sponsored Competitions

Certain competitions held on the Website will be commercial contests created and/or held on gloveslap.com by an individual and/or organization who offers a prize to the winner (“Sponsored Competitions”).

Although achieving a higher ranking (based on votes) for a given contest will increase your likelihood of winning, the ultimate winner in any Sponsored Competition will be decided by the Sponsor in its sole discretion. Assuming that there is no foul play, it is expected that the winner of the Prize will be the entrant with the most votes.

Gloveslap does not provide any representation or warranty relating to the Sponsor or the details of any Sponsored Competition, which includes i) the reputation and reliability of the Sponsor and its ability to honour its claims and prizes ii) the rules and regulations of any competition iii) the objectivity and validity of how a winner is decided and iv) any other elements relating to the structure, function, and rules of the competition.

Please see the General Rules and Regulations for a Sponsored Competition to learn more.

6. Warranty Disclaimer

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Gloveslap, its subsidiaries and affiliates, and its and their officers, directors, employees, and agents (the “Released Parties”) disclaim all warranties, express or implied, in connection with the Website and the Services and your use thereof. Gloveslap makes no warranties or representations about the accuracy or completeness of content and assumes no liability for any (i) mistakes or inaccuracies of content, (ii) personal injury or property damage resulting from your use of the Website or other services provided by Gloveslap, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content. Gloveslap does not warrant, endorse or assume responsibility for any content, or product or service advertised or offered by a third party through the Website or featured in any advertising, and Gloveslap will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

7. Limitation of Liability

In no event shall the Released Parties be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any use of the Website or the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Gloveslap is advised of the possibility of such damages.

In particular, in no event shall the Released Parties be liable for any damages of any kind resulting from (i) Content, including any mistakes or inaccuracies therein, (ii) personal injury or property damage of any nature whatsoever, (iii) any unauthorized use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content on or via the Website, and/or (vi) User Submitted Content or the defamatory, offensive, or illegal conduct of any third party.

The risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

8. Indemnity

You agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website or the Services; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to your User Submitted Content; (iv) your violation of any third party’s rights, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

9. Privacy

All information provided to Gloveslap is subject to our Privacy Policy, which governs our collection and use of your information. Through the use of gloveslap.com, you agree to the collection and use of this information set forth in the Privacy Policy, including the transfer of this information to the other countries for storage, processing and use by Gloveslap. Gloveslap may need to provide you with certain communications, such as service announcements and administrative messages, which are considered part your Gloveslap account.

Under the default settings on gloveslap.com, the content you submit will be viewable by other users of gloveslap.com and by individuals visiting the website without a registered account. You can limit your exposure by competing in private competitions and adjusting your privacy settings accordingly.

10. Ability to Accept Terms of Service

In order to accept these terms of service you must be of the age of majority. If you are not, please possess consent from your legal guardian to enter gloveslap.com by agreeing to these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gloveslap without restriction.

12. General Terms

The Website is controlled by Gloveslap from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

Notwithstanding the foregoing, the Terms of Service do not modify, alter or amend any other specific agreement you have entered or will enter into with Gloveslap. This applies to the extent that any provision of the Terms of Service, or any supplemental agreement offered as any part of any registration for additional services on the Website or within Gloveslap’s services, conflicts with any provision of your other agreements with Gloveslap, the terms and conditions of such other agreement shall take precedence over the conflicting term(s) and conditions of this Terms of Service, unless otherwise expressly provided in such other agreement.

No failure or delay by Gloveslap in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Service.