Glide America™ Terms of Service
(Effective as of December 7, 2009)
1. DESCRIPTION OF GLIDE AMERICA™ SERVICE
Welcome to Glide America™. Glide America uses a new protocol designed and developed by Trans Media that enables citizens with online and mobile technology to be better informed of the day-to-day affairs of our Government, to communicate more effectively with elected representatives and to improve the responsiveness of our Government to better serve the needs of its citizens. Glide America is non-partisan and has been established to promote active citizenship and responsive Government. Glide America provides you with 20 gigabytes of storage and bandwidth for this purpose.
Glide America undertakes to provide you with the best possible experience and will undertake commercially reasonable efforts to ensure that the Glide America service will be available at all times. However, you understand that Glide America cannot guarantee, and does not represent or warrant, that the services associated Glide America will be uninterrupted or error-free or that you will be able to access the Glide™ Service at all times. In addition, Glide America assumes no responsibility for the timeliness of transmission, mis-delivery, corruption, deletion, destruction or failure to store any communications, files or content. If any information, data, text, images, documents, music, photographs, graphics, videos, messages or other content stored in your account is damaged, corrupted, deleted or destroyed, Glide America will have no liability or obligation to you.
You understand that you are responsible for obtaining access to the Glide America and that access will involve third party fees such as the fees of an Internet service provider or other charges. You are solely responsible for all such third party fees. You must also provide and are responsible for all hardware and equipment necessary to access the Glide America. Glide America reserves the right to change, suspend or discontinue any or all aspects at any time, including the availability of any feature or functionality. Glide America also reserves the right to impose limits or restrictions on your use of the features and functionality, or to restrict your access to all or any part of the Glide America, in all cases without notice to you and without any liability on the part of Glide America.
2. REGISTRATION
Glide America provides the Glide America services to you subject to the terms set forth herein and all policies, guidelines, pricing schedules and other supplemental documents published from time to time by Glide America, all of which are hereby expressly incorporated by reference into the Terms of Service. The Terms of Service and any such policies, guidelines, pricing schedules and other supplemental documents may be amended or modified by Glide America at any time, and from time to time, without notice to you, and your continued use of the Glide™ Service shall constitute your consent to such changes. You can review the most current version of the Terms of Service at
http://www.GlideAmerica.org
These Terms of Service constitute a legal document that sets forth your obligations and responsibilities as a user of Glide America. In order to use the Glide America, you must accept these Terms of Service and you must comply with the Terms of Service as a condition to your continued use of the Glide America. If you violate these Terms of Service, you agree that Glide America may take any and all actions it deems necessary or appropriate, in its sole discretion. This can range from the issuance of a warning about a violation to the termination of access to Glide America. You represent that you are of legal age to enter into a binding contract and that you are not a person prohibited from using Glide America under the laws of the United States or any other applicable jurisdiction.
When you complete the account registration process and accept the Terms of Service, you will become a Glide™ account holder. You agree to provide true, accurate and complete information on the registration form and to maintain and update your information on the registration form in order to keep it true, accurate and complete. Glide America reserves the right to reject any registration for any reason or for no reason, in its sole discretion.
Glide America provides you with a non-exclusive, non-transferable limited license to access Glide America and to use certain software, technology, methodologies and processes, subject to these Terms of Use. You are fully responsible for all activities while you are accessing and using Glide America. Glide America is not liable for any loss or damage arising from your accessing or use of Glide America.
3. GLIDE AMERICA USER GUIDELINES
You understand that all information, data, text, images, documents, music, photographs, graphics, videos, messages and other content uploaded to or transmitted to or from you while you are using Glide America are your sole responsibility. This means that you, and not Glide America, are solely responsible for all files and content that you post, mail, transmit, share or otherwise make available while using your Glide America. Glide America does not control any of your content and does not guarantee the accuracy, integrity or quality of any other content, and will not be liable in any way for any content or the distribution or publication thereof on Glide America.
You are solely responsible for your conduct when you are using Glide America. Glide America reserves the right to monitor your activity to ensure compliance with the Terms of Service. When you use Glide America, you agree to at all times comply with the Terms of Service and the requirements of all applicable laws and regulations, as well as current standards for communicating on-line.
You understand and agree that you may access and use Glide America solely for your personal use, and that you may not use Glide America for any business or professional purposes. You agree not to reproduce, duplicate, copy, trade, advertise, sell, resell or exploit for commercial purposes any content or any portion of the Glide America.
Glide America reserves the right to terminate your access to your Glide™ account at any time, with or without cause, for any reason or no reason, with or without notice. Glide America may also terminate your access to and use of Glide America in the event of any breach or non-compliance by you with the Terms of Service, any infringement by you of Glide America's or a third party's intellectual property or any other circumstances which, in Glide America's sole discretion, merit termination. In the event of termination, your right to access and use Glide America and any and all limited, non-exclusive, non-transferable license(s) granted to you to use any software, technology, methodologies and processes related to Glide America shall immediately cease.
4. PROHIBITED CONDUCT
Glide America may be used only for lawful and proper purposes. Posting, transmitting, sharing, using, distributing or storing content that could subject Glide America to any legal liability, whether in tort or otherwise, or that is in violation of applicable laws or regulations, or otherwise contrary to commonly accepted community standards, is prohibited, and you agree to comply with the foregoing obligations at all times when you are using the Glide America. By accepting the Terms of Service, you agree, among other things, not to use the Glide America to:
- Upload, post, transmit, mail, share or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise objectionable.
- Impersonate, misappropriate or misrepresent yourself as another person or misrepresent your affiliation with a person or entity.
- Attempt to gain unauthorized access to the computer systems, networks or servers connected to Glide America.
- Post, transmit, mail, share or otherwise make available any indecent or obscene content.
- Advertise a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs or drug paraphernalia.
- Post, transmit, mail, share or engage in activities that infringe the intellectual property or ther rights of any person.
- Upload, post, transmit, mail or otherwise make available any unsolicited or unauthorized advertising or promotional materials, junk mail, spam, chain letters or other forms of solicitation.
- Upload, post, transmit, email or otherwise make available any materials that contain software viruses or other deleterious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Harvest, collect, gather or assemble information or data regarding other Glide America users without their consent.
- Harass or interfere with the use and enjoyment of the Glide America by any other user.
- Interfere with or disrupt the Glide America or any servers or networks connected to the Glide America.
- Provide material support or resources (or conceal or disguise the nature, location, source orownership of material support or resources) to any organizations designated by the United Statesgovernment as a foreign terrorist organization.
Please note that these are only examples of prohibited conduct, and you are requested to exercise prudent judgment in monitoring your compliance with the Terms of Service. Glide America reserves the right to make the final determination whether your conduct complies with the Terms of Service.
5. INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT
Content may be made available to you on Glide America that is owned by others and/or protected by copyrights, trademarks or other intellectual property rights. You are prohibited from transmitting, mailing, sharing, copying, modifying, distributing, creating any derivative works from or making any unauthorized copies of any such content. Glide America reserves the right to terminate your access to and use of Glide America for the unauthorized use of such content. If a third party content owner takes legal action against Glide America because of your unauthorized use of any such content, you agree to indemnify and hold Glide America (and its subsidiaries, affiliates, directors, officers and employees) harmless from any liability, claims, demands, actions or judgments arising such unauthorized use, including the costs incurred by Glide America in hiring legal counsel to defend Glide America against such action.
In addition, Glide America has certain intellectual property rights to the software, technology, methodologies, processes and intellectual property related to the Glide America which is and will remain the exclusive property of Glide America. Glide America expressly reserves all rights in and to all proprietary and intellectual property rights related to the Glide America. You agree that you will not, directly or indirectly, copy, reproduce, display, transmit, sell, engineer, reverse engineer, decompile, disassemble, create derivative works from any of Glide America's software, technology, methodologies, processes or other intellectual property related to the Glide America. You may not modify in any way any of Glide America's software, technology, methodologies or processes related to the Glide™ Service.
6. VIOLATIONS OF SYSTEM AND NETWORK SECURITY
Violations of system and network security are prohibited and may result in criminal and civil liability. Glide America reserves the right to investigate incidents involving such violations, and may involve and report any suspected criminal activity to appropriate law enforcement. Examples of system and network security violations include the following:
- Unauthorized access to or use of data, systems or networks, including any attempts to probe the possible vulnerability of a system or to breach security or authentication procedures.
- Unauthorized monitoring of data on any network or system.
- Interference with service to any user, host or network, including, without limitation, mailbombing, flooding or other deliberate attempts to overload he system or network.
- Providing false information to Glide America or other users of the Glide America.
- Posting viruses or software designed to create a virus or otherwise do harm to Glide America, or taking any other action to disrupt the normal operation of the Glide America.
You are also prohibited from abusing the Glide America and related functionalities by sending unsolicited bulk emails, including, without limitation, bulk commercial advertising and informational announcements.
Glide America is designed for personal use and is not intended to be used for commercial activities or as a tool to assist e-commerce marketing, advertising, promotions and sales over the Internet. If you abuse Glide America's storage or bandwidth services, Glide America reserves the right to disable or terminate your account and you will be liable for any costs associated with such excess usage.
Glide America reserves the right, in its sole discretion, to monitor you use of Glide America for the purpose of investigating violations of the Terms of Service. If Glide America undertakes such an investigation, Glide America may seek and gather information from any user and other third parties. During an investigation, Glide America may suspend or terminate your access to and use of Glide America. If Glide America believes that any criminal activity is involved, Glide America reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
GLIDE AMERICA RESERVES THE RIGHT TO MONITOR YOUR USE OF YOUR GLIDE AMERICA FOR THE PURPOSE OF INVESTIGATING POSSIBLE VIOLATIONS OF THE TERMS OF SERVICE.YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST GLIDE AMERICA, AND TO INDEMNIFY AND HOLD GLIDE AMERICA HARMLESS FROM ANY AND ALL CLAIMS AND LIABILITIES RELATING TO ANY ACTIONS TAKEN BY GLIDE AMERICA AS PART OF ANY INVESTIGATION OF A POSSIBLE VIOLATION OF THE TERMS OF SERVICE, OR AS A RESULT OF ANY FINDINGS THAT A VIOLATION HAS OCCURRED, OR AS A RESULT OF ANY ACTIONS TAKEN BY GLIDE AMERICA TO TEMPORARILY OR PERMANENTLY TERMINATE YOUR ACCOUNT. THIS MEANS THAT YOU CANNOT SUE GLIDE AMERICA OR RECOVER ANY DAMAGES FROM GLIDE AMERICA AS A RESULT OF ITS DECISION TO WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GLIDE AMERICA'S CONCLUSION THAT A VIOLATION HAS OCCURRED.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF OR INABILITY TO USE THE GLIDE AMERICA IS AT YOUR SOLE RISK. GLIDE AMERICA IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS PR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GLIDE AMERICA MAKES NO WARRANTY THAT: (A) GLIDE AMERICA WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED, ACCESSED OR PURCHASED BY YOU THROUGH GLIDE AMERICA WILL MEET YOUR EXPECTATIONS OR WILL PERFORM AS ADVERTISED; OR (C) ANY ERRORS OR PROBLEMS WITH GLIDE AMERICA'S SOFTWARE, TECHNOLOGY, METHODOLOGIES OR PROCESSES WILL BE CORRECTED ON A TIMELY BASIS, IF AT ALL.
GLIDE AMERICA CANNOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIALS ASSOCIATED WITH GLIDE AMERICA WILL BE FREE OF VIRUSES, "WORMS," "TROJAN HORSES," OR OTHER HARMFUL COMPONENTS. IN THE EVENT THAT YOU EXPERIENCE ANY SUCH HARMFUL COMPONENTS WHILE YOU ARE USING GLIDE AMERICA, GLIDE AMERICA WILL HAVE NO LIABILITY OR OBLIGATION TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO TERMINATE YOUR USE OF GLIDE AMERICA.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER GLIDE AMERICA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE GLIDE AMERICA; OR (B) ANY OTHERMATTER RELATING TO YOUR USE OF GLIDE AMERICA.
GLIDE AMERICA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS, SERVICES, INFORMATION OR WORKS OFFERED OR AVAILABLE THROUGH GLIDE AMERICA, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OT CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GLIDE AMERICA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
8. LINKS
Glide America or third parties may provide links to other Web sites or resources. Because Glide America has no control over such Web sites or resources, you acknowledge and agree that Glide America is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, services or other materials or information from such external sites or resources. You further acknowledge and agree that Glide America will not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials or information available on or through any external sites or resources.
9. NOTICE
Glide America may provide notice to you, including notice of changes to the Terms of Service, by either email, regular mail or postings on the Glide America web site.
10. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and Glide America regarding your access to and use of the Glide America, and supersedes any prior agreements between you and Glide America.
The Terms of Service and the relationship between you and Glide America relating to your use of the Glide™ Service will be governed by the laws of the State of New York, without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, New York.
The failure of Glide America to exercise any right or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, such invalid or unenforceable provision shall not affect the validity or enforceability of any other provision of the Terms of Service, which shall remain in full force and effect.
You agree to comply with U.S. and all other applicable export control laws and not to transfer, by electronic submission or otherwise, any content subject to restrictions under such laws without complying with all requirements of such laws.