Last updated: January 3, 2019
PLEASE READ THE FOLLOWING TERMS IN DEPTH BEFORE APPLYING TO AND ACCEPTING AN OFFER TO PARTICIPATE IN A GLOBEKICK MEMBERSHIP. PLEASE PAY PARTICULAR ATTENTION TO THE SECTIONS OUTLINING OUR RESPONSIBILITIES AND LIMITING OUR LIABILITY FOR DEATH, INJURY, OR ILLNESS TO YOU, AS WELL AS DAMAGES OF ANY KIND, OR CLAIMS THAT ARISE FROM OR RELATE TO TRAVEL CARRIERS, HOUSING, PROPERTY, CANCELLATIONS, CHANGES. IT IS ALSO IMPORTANT TO ANALYZE THE PROVISIONS REGARDING WHAT YOU MAY HAVE TO PAY IN THE EVENT YOU CANCEL YOUR RESERVATION OR LEAVE MEMBERSHIP EARLY.
Introduction and Agreement to these Terms of Service
Welcome to GlobeKick, a membership community (the “GlobeKick Membership” or “GKM”), operated by GlobeKick LLC, a Texas-based limited liability corporation with an office in 611 South Congress Avenue Austin, Texas 78704, United States of America.
This agreement (together with any documents referred to in it) describes the Membership Terms of Service (the “Terms of Service” or “Terms”) for membership on GlobeKick in general, as well as for the use of the GlobeKick Membership, whether such services are available online, offline or via mobile networks. Membership in GlobeKick and the use of the GlobeKick Membership, including, but not limited to, at www.globekick.com, http://connect.globekick.com, and our mobile applications (collectively, the “Website”) confirms that You, a user of at least eighteen (18) years of age, have read, understood and accepted these Terms of Service and that You agree to be legally bound by them. If You do not agree to these Terms of Service, please refrain from using the Website.
- Membership Eligibility
1.1 By using the Website and GKM, You represent that You are at least eighteen (18) years of age.
1.2 By registering to use, or using the GKM, You represent that You have never been convicted of a felony and have never been required to or are not currently registered as a sex offender with any government entity. GlobeKick reserves the right to perform criminal background screenings to confirm Your compliance with these terms.
1.3 Use of the GlobeKick Membership is not available to the general public and requires an invitation from an existing Member or current employee or owner of GlobeKick to a person aged eighteen (18) or over who does not already have an active account, or has not previously been suspended or removed from the GKM. By registering for GKM, Members with invitation privileges are expected to invite only respected persons within their own real-world communities and not individuals who might bring discredit to or harm the reputation of GlobeKick and our community.
1.4 By having a membership account with GlobeKick, You acknowledge that You meet our requirements for membership. As a Member, You may not have more than one membership account, nor may You open an alternative account if Your membership is suspended, restricted or terminated for any reason. You may not share, sell, trade or transfer a membership account to another person, nor accept an invitation for or use an account that was not originally Yours. If an account violates these conditions, the account will be terminated immediately.
1.5 You may not use a pseudonym or alias. You agree that all the information You provide about Yourself in Your personal profile or in any other area of the site is and remains truthful and accurate. Misleading or false information is sufficient reason for us to terminate Your account. GlobeKick reserves the right to verify the authenticity of Your identity and personal profile information using publicly available records and by requesting from You proof of identification or other relevant documents. You agree that GlobeKick will have no liability arising from any information that is incorrectly verified.
1.6 By registering to use and while using the GKM, You represent that You are not a competitor of GlobeKick and that You are not using the GKM for reasons that are in direct competition with GlobeKick.
1.7 As a member of GlobeKick, You warrant that You are using the site as a private individual for private use, and not on behalf of or representing any form of a commercial entity, corporation or other business organization. Businesses and other legal entities may not use the GKM for any purpose, nor may You use the service on behalf of any business or legal entity without our prior, express consent.
1.8 You represent that You have full authority and capacity to use the GKM and to agree to be bound by these Terms, and that agreeing to these Terms will not violate any other agreement to which You are bound.
1.9 You agree that You will not violate any trademark rights, copyright or any other rights of GlobeKick, nor shall You violate these Terms.
- Conditions of Membership and Your use of GKM
2.1 You understand and agree that Your use of GKM must be in accordance with these Terms of Service, and we may deny, suspend, restrict or terminate service or membership without prior notice if You fail to comply with them, or, in our sole discretion, for any reason.
2.2 You must treat Your username and password to http://connect.globekick.com and other logins to the Site as confidential and must not disclose it to any third party. We have the right to disable any username or password at any time to safeguard Your account and the Website from security threats, or, if in our opinion, You have failed to comply with any of the provisions of these Terms.
2.3 We provide a platform and environment for connecting with members and sharing information. If Members enter into agreements with other Members through the GKM, we are not a contracting party to these agreements and cannot be held liable or accountable regarding these agreements. To use our site, you agree to be truthful in all of Your communications with other Members.
2.4 GlobeKick reserves the right to verify information You and other Members have provided using various means available. You agree that GlobeKick will have no liability arising from any information that is incorrectly verified. You also agree that GlobeKick has the authority to ensure that all content complies with these Terms.
2.5 You are solely responsible for and assume all liability regarding any information or content You or Your account posts, transmits, publishes, or otherwise makes available to the GKM.
2.6 You agree that Your profile may be presented to other Members with whom You share common interests, as determined by profile information entered by Yourself. Members are under no obligation to contact, connect with or communicate with those Members whose profiles are displayed to them.
2.7 You are solely responsible for and assume all liability regarding any interactions between You and other Members through the Services, both within the Website and offline.
2.8 We reserve the right to remove any content posted by You or other Members at our sole discretion for reasons including, but not limited to, that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any third party’s intellectual property, privacy or other rights.
2.9 While we do our best to monitor the content of the Website, You understand and agree that You may encounter material that You find objectionable, and that You use the Website with this understanding and acceptance, and will not seek to hold us liable in any manner for material posted by third-parties.
2.10 We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted or generated by Members, nor do we endorse any opinions expressed by Members.
2.11 By posting or submitting content or information on the Website, You automatically grant GlobeKick a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on the Website, advertisements, and throughout the GKM.
2.12 You accept that GlobeKick may post photographs showing You from official GlobeKick Events (and other content related thereto) on the GlobeKick Login Page or other public Website pages and advertisements, which are therefore available to non-members.
2.13 You accept that GlobeKick may make available new “beta” features on the GKM, which Members may test or with which they may experiment. These “beta” features or tools may be modified or discontinued by GlobeKick at any time without notice, and are offered without any warranty of any kind. These Terms apply in full to any such beta features or tools. You also accept that GlobeKick may post content of an experimental nature to ensure the functionality of the Website or to assist members in troubleshooting. You accept that GlobeKick may also create testing and guest accounts.
2.14 GlobeKick makes no representations as to the duration of the Website, membership and/or the GKM and reserves the right to suspend, limit or terminate the Website, membership and/or the GKM at any time without notice.
2.15 Except with GlobeKick’s prior, written consent, You may not, directly or indirectly, use GlobeKick’s name in connection with any event, whether such event is held offline or online.
2.16 GlobeKick reserves the right to remove or cancel, at any time, any offers, promotions, member privileges or events presented to You by GlobeKick or any GlobeKick partner.
2.17 You assume all risk when using the GKM, including but not limited to any risks associated with online or offline interactions with Members, any other individuals introduced by Members or any individuals met at an GlobeKick event. You agree to take all necessary precautions when meeting Members, any other individuals introduced by Members or any individuals encountered at an GlobeKick event.
- GKM Trip Details
3.1 GKM Itineraries are indicative only. While unlikely, these dates and itineraries are subject to change by GlobeKick at any time without notice as GlobeKick decides fit. GlobeKick reserves the right to cancel a trip at any time before departure due to terrorism, natural disasters, political instability or other external events, or it is not viable for us to operate the planned itinerary for business and/or safety reasons. Please note: GlobeKick is not responsible for any incidental expenses that you may have incurred as a result of your intention to intend this trip, including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
3.2 GlobeKick reserves the right to expressly limit the number of Members that may join a particular membership trip. GlobeKick manages and coordinates the number of Members traveling on a given trip by means of requiring and collecting a fully-refundable reservation deposit. Membership allowances for a given trip are equitably determined on a rolling-acceptance basis. For our international trips, You are required to pay a fully-refundable deposit of $350 per person per trip for your booking to be confirmed. This amount may be garnished at any time in advance of a trip for the purposes of reserving a space on said trip. This deposit will be fully refunded after the trip in the absence of any incidentals incurred during your adventure, or if you cancel more than 60 days before the trip start date. This deposit will not be refunded if You cancel your attendance of the trip less than 60 days before its start-date.
3.3 For International trips, in order for GlobeKick to confirm your travel arrangements you must provide all requested details. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.
3.4 If you wish to transfer from one trip reservation to another or transfer your reservation to another active Member, you must notify us at least 60 days prior to the proposed departure date. A fee of $50 per person per change will apply. If you notify us less than 60 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a non-Member are not accepted for any reasons. All reservation transfers must be approved by GlobeKick
3.5 Included in GKM trip: accommodations for the duration of the planned itinerary, intra-trip as specified in the itinerary, admissions to planned activities and/or general sightseeing, meals as listed on the itinerary, the services of group leader(s) as described on the itinerary.
3.6 Not Included in GKM trip: international or internal flights to/from the Membership trip, unless prior-specified airport transfers, taxes and excess baggage charges, alcohol, meals other than those specified on the itinerary, Visa and passport fees, travel insurance, optional activities, and all personal expenses.
3.7 You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during your Membership trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the website for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
3.8 Travel insurance is compulsory for all our travelers and should be taken out at the time of reserving your Membership trip. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance on the first day of your trip; you will not be able to join the trip without it.
3.9 You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
3.10 GlobeKick Membership trips are run by group leader(s). The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If You fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. GlobeKick may also elect not to carry you on any future trips reserved. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
3.11 You acknowledge and agree that participation in activities, such as adventure travel, involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. You agree that you have considered the nature and extent of the risks involved and voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of others and assume full responsibility for your participation in such activities.
3.12 With respect to your use of the GKM, You agree to indemnify, defend and hold harmless GlobeKick, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products and services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a Service Provider or other third party, (iv) your conduct in connection with the Site, or (v) your violation of these Experiences Terms, the Terms of Service, any law or the rights of any third party.
3.13 Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.
3.14 If you have a complaint about your trip please inform your group leader(s) or GlobeKick’s local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to GlobeKick within 30 days of the end of the tour.
3.15 In the event that any term or condition contained in these GKM Trip Details is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
3.16 With respect to your use of the GKM, You consent to GlobeKick using images or video of you taken during the trip for advertising and promotional purposes in any medium GlobeKick chooses. GlobeKick promises to only use images or video of you for GKM marketing purposes. You grant GlobeKick a perpetual, royalty-free, worldwide, irrevocable license to use such images for GKM publicity and promotional purposes.
3.17 GlobeKick acts only as an intermediary that helps Members travel the world. We do not provide the trip experiences, we only negotiate and organize the trip arrangements, which are provided by third parties independent of GlobeKick and outside of GlobeKick’s control. Members understand and agrees that all services that Members receive through their GlobeKick Membership are owned, operated and supplied by independent third parties, who have facilities, vehicles, vessels, employees, products and services that are not under GlobeKick’s supervision or control. Members understand and acknowledge that GlobeKick is not an agent or responsible for the actions or inaction of any third party that provides the Member with a service. Members agree that GlobeKick acts only as a coordinator for transportation carrier, hotel, hostel, apartment, ground operator, or other suppliers of services connected with a trip, and that the third-party providers are solely responsible and liable for providing their respective products, provisions and services.
Because GlobeKick is only an intermediary coordinator, our responsibility in connection with the trip services is strictly limited. GlobeKick makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, tours, services, products or facilities provided by a third-party provider. Members agree that we are not liable for any claim for loss, damage, injury death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any third-party provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party. Members assume all risk associated with the supplied services as if the Member had directly contracted with the third-party providers. Member agrees to disclaim any negligence on behalf of GlobeKick in its performance of any responsibilities under these Terms. We will not be liable to you in any claim for other than compensatory damages, including but not limited to any direct, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages.
- Membership Fee, Billing, and Auto Renewal
4.1 The GlobeKick Membership Term is annual, commencing from the date of first payment and lasting one calendar year, to be paid in one installment or on the first day of each month as specified.
4.2 Please note that Your Membership Fee might be subject to a “cross-border fee,” as determined and issued by your credit card provider. We are not responsible for any fees levied by credit card providers.
4.3 The GlobeKick Membership Fee is non-refundable and may not be charged back under any circumstances, including but not limited to Your account being terminated by GlobeKick or by Yourself, or Your account being suspended or restricted for an unspecified period. Members will not be refunded if GlobeKick withdraws or modifies any offers, promotions, GKM trips, member privileges, or other benefits.
4.4 In the event that a credit card chargeback is placed on Your purchase of the GKM, You will have breached this agreement and Your account will be terminated.
4.5 You Membership shall NOT automatically renew (“Membership Renewal”) commencing on the day after the anniversary of the last day of the calendar month in which You purchased Membership. You may request an auto-renewal by furnishing written request to opt-out of renewing at any time up to 30 days prior to scheduled renewal date. Request must be mailed to email@example.com
4.6 If you request a renewal, Membership Renewal Fees will be billed automatically to the credit card we have on file, for the full amount of the then current Membership Fee on or around the day in which Your current Membership term expires.
4.7 Your Membership Fee will not be billed if Your account has been terminated prior to or on the date of Your Membership Term expiration.
4.8 If Your Membership Renewal payment fails, Your Membership will be suspended until You enter valid credit card details within a maximum period of thirty (30) days.
4.9 If You do not renew Your Membership within thirty (30) days of Your Membership Term expiration, Your account will automatically be terminated.
4.10 GlobeKick reserves the right to review and change the Membership Fee at any time. Changed fees are only applicable upon renewal or new membership registration.
4.11 Should You wish to return to GlobeKick before Your membership expiry date, after terminating Your account of Your own volition, we will rebuild Your account for an administration fee of 100 USD. Your rebuilt account will be valid for one calendar year commencing from the date You last paid Your Membership Fee.
4.12 Should You wish to return to GlobeKick after Your membership expiry date, after terminating Your account of Your own volition, Your account will be rebuilt upon payment of the Membership Fee, and valid for one calendar year from date of payment.
- Your Membership Responsibilities
5.1 GlobeKick wishes to have a friendly, intimate and secure community for our Members. When using the Website, our members have the expectation of privacy and confidentiality. We are a community of global diversity, with Members from nearly every culture and country. Expectations and behavior will be equally diverse, so to help provide a comfortable environment for all members, we have rules. Your use of the GKM confirms that You understand, accept and will follow these rules.
5.2 Trust and confidence are paramount when using the GKM. Falsely misrepresenting Your identity, including the use of a pseudonym or alias, or Your profile information will result in Your member account being suspended, restricted or terminated.
5.3 You will, at any time, have a current email address entered into your profile in order for GlobeKick to be able to contact you with notifications, communications and other information.
5.4 You will promptly report to GlobeKick any violation of these Terms by other Members or member accounts. You also agree to report any violation of this agreement by Yourself or conducted through Your account.
5.5 Invitations to non-Members to become Members can be sent only to people You know personally. You must use the invitee’s real name. Members whose accounts were terminated by GlobeKick will not be able to reinstate a membership at any point; attempts to re-invite terminated members will be intercepted and flagged by GlobeKick’s Webmaster team. Invitations to terminated members will not be able to be accepted. Exceptions may only be granted with our express permission. You may not send an invitation to a person who has previously had an account in the GKM, unless with our express permission.
5.6 You will not send unwelcome Contact Requests, or Contact Requests to members You do not know without good cause.
5.7 You agree not to send unsolicited Messages to any Member that is not a part of Your personal contacts.
5.8 You may not monitor, data-mine, or copy our web pages or any content within the site, nor collect, archive, trade or sell any personal data or communications about other members.
5.9 The use of any robot, spider, site search or retrieval application, or any other method or device to copy, retrieve, archive or index any portion of the Website or the GKM is not permitted. You may not distribute, display or publish in any form, electronic or print, any content from the Website, the GKM trips or the names of any Members without GlobeKick’s express, written consent, nor can You share, transmit or sell any content on the Website with anyone who is not a member of GKM, for any reason.
5.10 We want to keep GKM free from intrusions. You may not send or distribute unsolicited or unauthorised advertising, promotional materials, junk mail, chain letters, spam, pyramid schemes, or any other type of solicitation to other members, nor will You stalk, harass or unreasonably disturb any other member.
5.11 You alone are responsible for the confidentiality and security of Your account's username, password and usage. You are also accountable for all activities regarding Your account, with or without Your knowledge or permission. If You knowingly provide Your login information to another person, Your membership may be suspended or terminated. GlobeKick assumes no liability for activities of Your account accessed through Your password and username.
5.12 You may not use GKM for any illegal purpose in any country or jurisdiction.
5.13 You cannot post content or initiate any communications that we consider libelous, scandalous, abusive, obscene, discriminatory, unlawful or otherwise objectionable. This includes content or statements that You may make online on a page, account or group hosted by a third-party website, such as Facebook, Twitter or LinkedIn, as well as offline at any GKM trips. Doing so could result in termination of Your membership.
5.14 It is not permitted to make available any content or initiate communication that infringes upon the patents, trademarks, trade secrets, copyrights or other proprietary rights of third parties, whether personal, corporate or governmental.
5.15 Any information added by You to the site in the form of a post must be accurate and truthful.
5.16 You must be the acting agent or relevant party in any offers to members posted by You. You may not post offers to members on behalf of someone else.
- Membership License
Subject to Your acceptance of these Terms of Service, GlobeKick grants You a limited, non-exclusive, nontransferable, revocable, royalty-free license to use GlobeKick Membership and related software (excluding source and object code) for personal, non-commercial and lawful use on computers and other devices of which You are the primary user for purposes of registering for and accessing an account with the GlobeKick Membership. You agree that Your GKM Service belongs to GlobeKick, including all intellectual and proprietary rights, unless otherwise specified. GlobeKick retains all right, title and interest in and to GKM at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Any suggestions, ideas or inventions that You voluntarily and optionally disclose to us through any means will be used, or not used, by GlobeKick at GlobeKick’s sole discretion; and, GlobeKick will have no obligation to You regarding any ideas or inventions that You disclose through such means. No right, title or interest in or to any trademark, service mark, logo or trade name of GlobeKick or its licensors, suppliers or affiliates is granted under the Terms of Service except as expressly provided in these Terms of Service. All other rights are reserved to GlobeKick except as expressly provided herein. You agree not to use the GlobeKick Membership for any purpose other than as permitted herein.
- Additional Posted Rules
7.1 When using the GKM, You will be subject to any additional guidelines or rules, which may be posted from time to time in GlobeKick’s “Guidelines” section on/offline. All such Guidelines are hereby incorporated by reference into these Terms. The Guidelines, include, but are not limited to: a) The terms governing participation at official GKM trips, which can be seen specifically by request. b) The terms governing Member Conduct can also be seen specifically by request.
- Modification of these terms of service, the GlobeKick Membership, The Website, and/or additional features of the GKM
8.1 GlobeKick reserves the right, at its discretion, to change, modify, add, suspend, terminate or remove portions of these Terms of Service at any time. In such case, the notification procedure according to “Miscellaneous” section will apply.
8.2 GlobeKick reserves the right to change or adjust membership criteria and/or to make changes in the existing membership any given time. For any such changes the notification procedure according to section “Miscellaneous” will apply.
8.3 GlobeKick reserves the right to make changes to the Website or the GKM at any given time, to charge for its services or for particular features, and to modify any fees or services. For any changes in the GKM, charges or fees, the notification procedure according to section “Miscellaneous” will apply.
- Ownership; Property Rights
9.1 GKM is owned and operated by GlobeKick. All materials, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the GKM provided by GlobeKick (collectively, the “Materials”) are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Content (as defined below) that is provided and owned by Members, all Materials contained on the Website and during GKM trips are the property of GlobeKick or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to GlobeKick or its affiliates and/or third-party licensors. Except as expressly authorized by GlobeKick, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials. GlobeKick reserves all rights not expressly granted in this Terms of Service. For the avoidance of doubt, any and all Derivative Works are Materials and are owned exclusively by GlobeKick.
9.2 Postings on Other Websites. GlobeKick may grant You a limited, revocable license in writing to post the GlobeKick logo and link to the GKM on other websites (collectively “Permitted Link”) (including Your own and/or a third-party website that permits such posting), provided that: a) the posting does not directly or indirectly disparage GlobeKick, its affiliates, and/or licensors; b) the third-party website is not granted any rights in or to any Permitted Link; c) the third-party website does not charge a fee for access to the Permitted Link; d) and the third-party website complies with all applicable laws. In addition, You agree that in connection with any such posting, You will include (and not alter) all copyright, trademark and/or proprietary rights notices. GlobeKick expressly preserves all of its rights and remedies and may revoke this license, in whole or in part, at any time upon notice.
- Member Content
10.1 Member Content Generally. GlobeKick may permit the posting by You and other Members of written works, comments, images, photographs, text, sound recordings, videos and/or other materials and/or communications (collectively, “Member Content”). GlobeKick and/or its distributors and/or licensees may host, share and/or publish Member Content. You understand that whether or not such Member Content is published, GlobeKick does not guarantee any confidentiality with respect to any Member Content. You understand that when using the GKM, You will be exposed to Member Content from a variety of sources, and that GlobeKick is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Member Content. You further understand and acknowledge that You may be exposed to Member 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 have or may have against GlobeKick with respect thereto.
10.2 License Grant to GlobeKick. By submitting or distributing Member Content, You grant to GlobeKick a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable (through multiple levels of sublicensees) right and license to reproduce, distribute and redistribute, display and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify, host, transfer and otherwise exploit in any manner Your Member Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
10.3 License Grant to Other GKM Members. By submitting or distributing Member Content through the GKM, You hereby grant to each Member a non-exclusive, fully paid-up, royalty-free, personal, non-commercial, limited right and license to access and use Your Member Content solely in connection with the GKM and solely in accordance with these Terms of Service. The foregoing license granted by You terminates as to a specific Member Posting once such Member Posting is removed or deleted from the GKM; provided, however, that a Member’s rights to such Member Posting arising out of distributions occurring on or prior to deletion of such Member Posting from GKM Service survive any termination or expiration of the license granted. You accept that GlobeKick cannot guarantee that other Members will not use the content, ideas or information You share on the Website or any affiliated GlobeKick pages hosted on third-party sites. GlobeKick is not responsible for Members’ misuse or misappropriation of content posted by You on the Website.
10.4 Member Content Representations and Warranties. You are solely responsible for Your Member Content and the consequences of posting or publishing them. By uploading and/or publishing Your Member Content, You affirm, represent, and warrant that: (a) You are the creator and owner of Your Member Content; (b) You have the necessary licenses, rights, consents and permissions to use and to grant to GlobeKick and GlobeKick’s Members the rights and licenses to use Your Member Content per the foregoing licenses granted by You in this Section and in the manner contemplated by GlobeKick and these Terms of Service; (c) You have the necessary licenses, rights, consents, and permissions to grant the assignment granted by You in this Section; (d) You are at least eighteen (18) years of age and You will not allow any person under the age of eighteen (18) years of age to upload or publish Member Content; (e) Your Member Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (f) Your Member Content do not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. GLOBEKICK RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY MEMBER WHO VIOLATES THESE TERMS OF SERVICE.
10.5 Member Content Disclaimer. YOU UNDERSTAND THAT WHEN USING THE GKM SERVICE YOU WILL BE EXPOSED TO MEMBER CONTENT FROM A VARIETY OF SOURCES, AND THAT GLOBEKICK IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH MEMBER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO MEMBER CONTENT THAT ARE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GLOBEKICK AND/OR ITS LICENSORS OR LICENSEES WITH RESPECT THERETO. GLOBEKICK DOES NOT ENDORSE ANY MEMBER CONTENT OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND GLOBEKICK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH MEMBER CONTENT. IF NOTIFIED BY A MEMBER OR A CONTENT OWNER OF A MEMBER POSTING THAT ALLEGEDLY DOES NOT CONFORM TO THESE TERMS OF SERVICE, GLOBEKICK MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN ITS SOLE DISCRETION WHETHER TO REMOVE THE MEMBER POSTING, WHICH IT RESERVES THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE. FOR CLARITY, GLOBEKICK DOES NOT PERMIT COPYRIGHT-INFRINGING ACTIVITIES ON THE GKM AND WEBSITE.
- Copyright Infringements
11.1 It is our policy to respond to clear notices of alleged copyright infringement. Upon receipt of such compliant notice, GlobeKick will expeditiously remove or disable access to the content that is the subject of the notice. The procedure for notification and counter-notification of infringement shall be as follows, however, subject to the mandatory applicable law.
11.2 Notification of Infringement. If You are a copyright owner or an authorized agent thereof, and You wish to file a notice of infringement with us, then You may submit a notice by providing GlobeKick with the following information in writing: a) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the GKM Service are covered by a single notification, a representative list of such works at that site. c) Identification of the material that is claimed 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 reasonably sufficient to permit GlobeKick to locate the material. d) Information reasonably sufficient to permit GlobeKick to contact You, such as an address, telephone number, and, if available, an email address at which You may be contacted. e) A statement that You have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law. f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
11.3 Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If You are unsure whether the material available online infringes Your copyright, we suggest that You contact an attorney before sending us a notice.
11.4 Counter-Notification. The administrator of an affected site or the provider of affected content may make a counter notification. If You elect to send us a counter notice, to be effective it must be a written communication that includes the following: a) A physical or electronic signature of the subscriber. b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
11.5 Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
11.6 To receive notifications and counter-notifications of claimed infringement, GlobeKick can be reached as follows: Address: 611 South Congress Avenue, Ste 200-A1-A2, Austin, TX 78741 USA.
11.7 For clarity, only such notices should go to above mentioned address of GlobeKick. Any other feedback, comments, requests for technical support or other communications should be directed to GlobeKick through firstname.lastname@example.org. You acknowledge that if You fail to comply with all of the requirements of this section, Your notice may not be valid.
11.8 Account Termination. In appropriate circumstances, GlobeKick may promptly suspend, restrict and/or terminate, without notice, the accounts of infringers as determined in our sole discretion.
- Prohibited Content
AS A MEMBER AND/OR BY USING THE GKM SERVICE YOU AGREE NOT TO (AND YOU AGREE NOT TO PERMIT ANOTHER PERSON TO):
12.1 Use the GKM for any purposes other than as otherwise authorized in these Terms of Service;
12.2 Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or the Materials (as defined above);
12.3 Post, upload or distribute any defamatory, libelous or inaccurate Member Content or other content;
12.4 Post, upload or distribute any Member Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate;
12.5 Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the GlobeKick Member accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the GKM or perform any other similar fraudulent activity;
12.6 Impersonate a spokesperson employee or affiliate of GlobeKick purporting to speak on behalf of GlobeKick;
12.7 Delete any copyright, trademark or other proprietary rights notice on the GlobeKick Membership or Member Content;
12.8 Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Members of the GKM. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures;
12.9 Use the GKM for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
12.10 Defame, harass, abuse, threaten or defraud Members of the GKM, or collect, or attempt to collect, personal information about Members or third parties without their consent, or use the GKM for any commercial use, it being understood that the GKM is for personal, non-commercial use only;
12.11 Harass, abuse, threaten, intimidate or otherwise annoy any GLOBEKICK employees or contractors involved in providing any portion of the GKM to You.
12.12 Use the GKM if You are under the age of eighteen (18) or allow anyone under the age of eighteen (18) to use the GKM via Your account;
12.13 Remove, circumvent, disable, damage or otherwise interfere with security related features of the GKM or Member Content, features that prevent or restrict use or copying of any content accessible through the GKM or features that enforce limitations on the use of the GKM or Member Content;
12.14 Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GKM or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
12.15 Modify, adapt, translate or create derivative works based upon the GKM or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
12.16 Intentionally interfere with or damage operation of the GKM or any Member’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, hacks, automation software (bots); adware, spyware, worms, Trojan horses, keyboard loggers, time bombs and other malicious code and/or any other unauthorised third-party software;
12.17 Disclose the personal information of any person, including another person’s address, phone number, email address, financial information or any information that can be used to track, contact or impersonate another person; and
12.18 Engage in any conduct deemed by GlobeKick to conflict with the intent of these Terms of Service.
- Your Account
The GKM is offered to Members who are registered users of the Website only.
13.1 Account. When You use the GKM, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to GlobeKick on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorised disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify GlobeKick. You may be liable for the losses incurred by GlobeKick or others due to any unauthorised use of Your Service account. If You have more than one account on a third-party website through which You use the GKM, You can only access the GKM through one, and not multiple, accounts.
Other sites, products and services, links
14.1 The Service may include links or references to other websites or services that are provided solely as a convenience to Members (“Other Sites”). GlobeKick does not endorse any such Other Sites or the information, materials, products, or services contained on or accessible through Other Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GKM are solely between You and such advertiser. Please be aware that any merchandising sites linked to the GKM are Other Sites and are not owned or operated by GlobeKick or governed by these Terms. ACCESS AND USE OF OTHER SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH OTHER SITES IS SOLELY AT YOUR OWN RISK.
Suspension, Restriction and Termination; Terms of Service Violations.
15.1 GlobeKick. You agree that GlobeKick, in its sole discretion, for good reason (including suspicion of illegal behaviour or of breach of these Terms of Service), and without penalty, may suspend, restrict and/or terminate any account (or any part thereof) You may have with GlobeKick or Your use of the GKM and remove and discard all or any part of Your account, Member profile, and any Member Posting, at any time. GlobeKick may also in its sole discretion and at any time discontinue providing access to GKM, its trips, or any part thereof, with or without notice. You agree that any suspension and/or termination of Your access to the GKM or any account You may have or portion thereof may be affected without prior notice, and You agree that GlobeKick will not be liable to You or any third party for any such suspension and/or termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GlobeKick may have at law or in equity. As discussed herein, GlobeKick does not permit copyright infringing activities on the GKM, and may suspend and/or terminate access to the GKM and remove all Member Content or other content submitted by any Members who are found to be repeat infringers.
15.2 Your only remedy with respect to any dissatisfaction with (a) the GKM, (b) any term of these Terms of Service, (c) Guidelines, (d) any policy or practice of GlobeKick in operating the GKM, or (e) any content or information transmitted through the GKM is to terminate these Terms of Service and Your account. You may terminate these Terms of Service at any time by deleting Your account with the GKM and discontinuing use of any and all parts of the GKM. Notwithstanding any such termination of these Terms of Service by You, any provision that, by its nature or express terms, should survive, will survive such termination or expiration.
15.3 Discontinuation of the GKM. GLOBEKICK MAY IN ITS SOLE DISCRETION AND AT ANY TIME LIMIT OR DISCONTINUE PROVIDING ACCESS TO THE GKM, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT GLOBEKICK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DISCONTINUATION OF YOUR ACCESS TO THE GKM, MEMBER POSTINGS, AND/OR YOUR ACCOUNT.
Idea Submission Policy
16.1 GlobeKick may, from time to time, accept or consider Member feedback and/or Member ideas, including, without limitation, ideas or suggestions for new or improved features on the GKM (collectively “Ideas”). If You choose to submit Your Ideas to us or to any of our employees and/or contractors, then You hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import Your Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Ideas to others. In the event that GlobeKick incorporates Your Ideas or adopts a feature, product or strategy that may be similar, You acknowledge that You shall not make any claims against GlobeKick in connection therewith, and shall fully indemnify GlobeKick if, despite Your agreement not to pursue any claims against GlobeKick, You choose to do so. Please remember that You have no obligation to submit any ideas to GlobeKick and, if You do submit anything to us, You have no expectation of credit or compensation of any kind. If You don’t agree with this, please do not submit any ideas or materials to GlobeKick.
Contests, Games and Paid Services.
18.1 You agree to indemnify, save, and hold GlobeKick, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the GKM, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. GlobeKick reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify GlobeKick and its third-party suppliers, licensors and partners, and You agree to cooperate with GlobeKick’s defense of these claims. GlobeKick will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers, No Warranties.
19.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GLOBEKICK, AND ITS AFFILIATES, PARTNERS, LICENSEES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE AND YOUR USE THEREOF. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM GLOBEKICK OR THROUGH GKM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 19 OF THESE TERMS, GLOBEKICK INCLUDES GLOBEKICK’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSEES, LICENSORS AND SUBCONTRACTORS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS.
19.2 “As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT USE OF GKM IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, MEMBER CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
19.3 Content. GLOBEKICK, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, MEMBER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
19.4 Accuracy. GLOBEKICK, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GKM OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
19.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY AND DAMAGES.
20.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL GLOBEKICK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH GLOBEKICK, EVEN IF GLOBEKICK, ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS OR A GLOBEKICK AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GLOBEKICK’S LIABILITY, AND THE LIABILITY OF ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS, IF ANY, WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20.2 Limitation of Liability regarding default of Privilege Partners and licensors. GLOBEKICK WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE DEFAULT OF ANY PRIVILEGE PARTNER OR LICENSOR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GLOBEKICK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20.3 Limitation of Damages. IN NO EVENT WILL GLOBEKICK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER SERVICE MEMBERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED USD.
20.4 Other Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GLOBEKICK AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY THIRD PARTY SITES.
20.5 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT GLOBEKICK HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GLOBEKICK AND ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GLOBEKICK. GLOBEKICK WOULD NOT BE ABLE TO PROVIDE GKM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
20.6 Limitations by Applicable Law. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
21.1Notification. GlobeKick may provide You with notifications, including those regarding changes according to the above sections and regarding the suspension/restriction and/or termination of Your account, by email, regular mail or postings on the GKM Website (no postings in case of suspension/restriction and/or termination of Your account). Notification will be deemed given forty-eight (48) hours after an email is sent. If notification is given by mail to your postal address, if provided by You through the GKM, it will be deemed given ten (10) days after the date of mailing. Notifications posted on the GKM will be deemed given thirty (30) days following the initial posting.
21.2 Termination without notification. Notwithstanding section 21.1 GlobeKick may terminate/restrict your account/membership with immediate effect and without notification period for good reason (at GlobeKick’s sole discretion).
21.3 Acceptance of changes according to the above section. Unless You oppose the notified changes mentioned within the delay stipulated in section 21.1 by email for the attention of email@example.com, the changes will be deemed accepted by You upon expiry of the delay stipulated in section 21.1. Should your opposing result in GlobeKick no longer being able to render its services at the desired level, GlobeKick may terminate your account as set out above (this being a good reason).
21.4 Waiver. The failure of GlobeKick to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by GlobeKick.
21.5 Dispute Resolution, Arbitration and Jurisdiction. a) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Texas in the United States of America, without giving effect to any principles of conflicts of law. b) Jurisdiction. You agree that with regard to any dispute arising between You and GlobeKick out of or in connection with these Terms (including a dispute regarding the construction and validity thereof) the ordinary courts of the State of Texas, USA, shall have exclusive jurisdiction, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business. c) Disputes with Other Members. We reserve the right, but not the obligation, to resolve any disputes between You and other Members of the GKM. If You have a dispute with others, You release and indemnify GlobeKick (including its affiliates, licensors, publishers, distributors, successors and assigns) from any and all claims, known or unknown, arising from such dispute.d) GlobeKick operates the GKM Service from USA and makes no representation that the GKM is appropriate or available in other locations. If You access the GKM from other locations You are solely responsible for compliance with local laws.
21.6 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
21.7 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by GlobeKick without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
21.8 Survival. Upon termination of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
21.9 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21.11 Claims. YOU AND GlobeKick AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE NOTIFIED TO THE OTHER PARTY WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21.12 Disclosures. GKM Website is hosted in USA, and the services provided hereunder are offered by GlobeKick.