Terms & conditions

  • Terms of Service down

    Terms of Use Agreement

    Last Updated: J​anuary 14, 2016

    Welcome to GLASSBREAKERS.CO, the website and online Services of GLASSBREAKERS, Inc. (“Company,” “we,” or “us”). This page provides the terms by which you may use our web site, services and content (including software) provided on or in connection with the web site and/or Services (collectively the “Services”). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Company Privacy Policy, whether or not you are a registered user of our Services.

    Company reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Services (“Users”). PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

    This is a contract between you and Glassbreakers. You must read and agree to these terms before using the Services. If you do not agree with the terms and conditions of this Agreement, you may not use the Services.

    Eligibility.​ You may use the Services only if you can form a binding contract with Glassbreakers, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. The Services is not available to any Users previously removed from the Services by Company.

    Company Services. ​Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to access and use the Services for your personal, noncommercial use only and as permitted by the features of the Services. Company reserves all rights not expressly granted herein in the Services and the Company Content (as defined below).

    Company may terminate this right, and your access to and use of the Services, and may cease offering the Services and/or particular aspects of the Services, at any time for any reason or no reason, with or without notice to you. Company reserves the right to modify the Services from time to time, and makes no representation, statement or guaranty that any particular aspect, feature or functionality of the Services will be (or will continue to be) available.

    Your Account. ​Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Services by changing the settings in your settings page. By providing Company your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

    Acceptable Use Policy.​ By using the Services, you agree to comply with Glassbreakers’ Acceptable Use Policy, as Glassbreakers may modify from time to time.

    Certain Rights. ​We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

    Interaction with Other Users.​ You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

    User Content.​ Some areas of the Services allow Users to post or provide content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Services is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Services, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Services. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates any of these provisions.

    For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and Services mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

    In connection with your User Content, you affirm, represent and warrant the following:

    • You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
    • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
    • Your User Content and Company’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
    • To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

    Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

    User Content License Grant.​ By posting or otherwise making available any User Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under this Agreement.

    Our Proprietary Rights.​ Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Services marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that yourdisclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.

    No Professional Advice. If the Services provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

    Text Messaging.​ You may sign up to receive certain Company notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

    Privacy.​ We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

    Security.​ Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

    Third-Party Links and Information. ​The Services may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or Services from the Services or share your User Content on or through any third-party website or Services, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, Services, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

    Indemnity.​ You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above or breach of any term of the Acceptable Use Policy; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

    No Warranty.​ THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    Limitation of Liability.​ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

    IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    Use Outside the United States. T​he Services is controlled and operated from facilities in the United States. Company makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

    Governing Law.​ You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

    You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

    READ THE FOLLOWING 2 SECTIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND USE TO ARBITRATE DISPUTES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

    Arbitration. F​or any claim, controversy or other dispute with Company, you agree to first contact us at support@glassbreakers.co and attempt to resolve the dispute with us informally. In the unlikely event that we are unable to resolve the dispute after sixty (60) days, we each agree to resolve the dispute (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under its rules and procedures, including AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA’s rules are available at www.adr.org. The arbitration will be conducted in Santa Clara County, California, unless you and Company agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

    Class Action/Jury Trial Waiver.​ WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

    Assignment.​ This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    Notification Procedures and Changes to the Agreement. C​ompany may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services.

    Entire Agreement/Severability.​ This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Services, shall constitute the entire agreement between you and Company concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

    No Waiver.​ No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

    Contact.​ Please contact us at support@glassbreakers.co with any questions regarding this Agreement.

  • Privacy Policy down

    Glassbreakers Privacy Policy

    Last Modified: 01-21-2016

    Glassbreakers (“Glassbreakers,” “w​e,​” “o​ur,​” or “u​s”​) provides software solutions for business Customers (“Customers”) which include tools and functionalities to allow Customers employees (Users) to network and develop mentoring relationships with other users (our “Service”). Glassbreakers understands that privacy is important to our users. This Privacy Policy explains:

    • How Glassbreakers collects, uses, and shares information about visitors to our website and users of our Service, and
    • How Glassbreakers collects, uses and shares information provided to us by or on behalf of our Customers as part of our enterprise Service.

    All capitalized terms that are not defined herein have the definitions given them in our Terms of Service. By using our Service, you agree to the terms of this Privacy Policy and our Terms of Service.

    Click on the links below to jump to each section:

    1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
    2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION
    3. SHARING OF YOUR INFORMATION
    4. INVITE A FRIEND
    5. YOUR CHOICES ABOUT YOUR INFORMATION
    6. HOW WE STORE AND PROTECT YOUR INFORMATION CHILDREN’S PRIVACY
    7. LINKS TO OTHER WEB SITES AND SERVICES
    8. HOW TO CONTACT US
    9. CHANGES TO OUR PRIVACY POLICY

    1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?

    Information you provide to us. V​isitors can browse some areas of our website without providing any personal information. However, certain interactions with us require personal information. For example, we may collect personal information such as a username and password, first and last name, contact information, and email address, job title, job description, and location when you register for a User Account, use our Service, or if you correspond with us. We may collect payment information and information relating to your employer or company if you register for a Customer account. We may also collect additional information you provide to us about your company or employer/employees or co-workers, which we will consider to be personal information if it is linked to your identifying information. We may combine this information with data we collect from you through other methods

    Once you have registered a user account, our Service permits users to voluntarily provide additional information about themselves, including hobbies, interests, goals, and other personal attributes that you select to represent you. We call these personal attributes “quality tags” and they will help match you to other users on the Service. You control how much you share with others through the quality tag designations, and you may change or delete your quality tags at any time through your settings.

    Information we collect through social media or other third party services. W​hen you interact with our site through your social media login, such as when you login through LinkedIn, or share Glassbreakers content on Facebook, Twitter, or other sites, we may receive information from the social network including your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. We may use this data to help us identify potential matches on the Service and to suggest new matches you may want to connect with. The data we receive is dependent upon your privacy settings with the social network, and we will not post information about you on third party social media sites without your consent. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.

    Information that we collect through the Glassbreakers Service: After you set up your account, we collect information about how you use the Service and about your actions on the Service, including how you interact with other users and user content you post to the Service in the form of comments or chat features. Please remember that Glassbreakers may, but has no obligation to, monitor user content posted by our users. All users and user content is subject to our Acceptable Use Policy. For example, here are some ways in which Glassbreakers collects and uses information in the course of providing our Services:

    • We collect information about you and your job, which may include information you provide or information provided about you by others, which may include your name, job title, contact information, location, email address, and other information;
    • We may share your profile information with your matches on the Service. Your match will see your profile information (including name, interests, and select employment information) as well as the quality tags that you have in common with your match, but will not see quality tags that you do not have in common;
    • We provide analytics and reporting functionalities to our Customers, though we do not share individual or personally identifiable user information to Customers without the user’s consent, except in very limited circumstances as disclosed in this privacy policy;
    • We may allow you to post messages or other content for other members of the Service and to communicate directly with others through the Service.
    • We may permit you to provide additional contact and profile information, or to connect your account with your company email system and address book, or to a third party service such as Google or LinkedIn, in which case we may also collect information available through that third party service. Please always check your permissions on third party sites before connecting them to our Service;

    If our Service is being provided through an enterprise Customer, we handle the personal information of our Customer’s employees (i.e., our users) solely on behalf of our Customers and in accordance with our agreements with our Customers. If you are interacting with us through your employment with one of our Customers, please review the Customer’s privacy policy, terms of use, or employment policies to learn more about the Customer’s information practices, including its use of service providers like Glassbreakers. Even though we provide our Service to you on behalf of our Customer, we do not share your personal information (including the quality tags you have selected and any communications you make through the Service) with the Customer, other than the personal information the Customer provided to the Service about you, such as your name, email address, and job title, except in very limited circumstances described herein.

    We use the information we collect to operate, maintain, and provide to you the features of the Service. We may use this information to communicate with you, such as to send you email messages, and to follow up with you to offer information about our Service and your account. We may also send you Service-related emails or messages (e​.g.,​account verification, transactional communications, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see “Your Choices Regarding Your Information” below.

    We reserve the right, but have no obligation, to monitor any user-generated content you post on the Service. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Service or Acceptable Use Agreement, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.

    2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION

    We and our third party partners may automatically collect certain types of usage information when you visit our website or use our Service. For instance, when you visit our websites, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e​.g.,​the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“I​P”​) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time.

    When you access our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“I​DFA”​), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.

    Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit h​ttp://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at h​ttp://www.networkadvertising.org)​. Depending on your mobile device, you may not be able to control tracking technologies through settings.

    We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Service.

    3. SHARING OF YOUR INFORMATION

    We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.

    We may share your personal information with:

    • Individuals with whom you match on the Service. Your matches will see your profile information, including your name, email address, job title, location, and other information, as well as the quality tags that you and the matched user have in common. Your match will not be able to see the quality tags that you do not have in common. If you access our Service through a Customer, you will only be matched with other users of the same Customer, and your information will not be presented or shared with other users who access the Service through a different Customer or who access the Service directly. If you do not access the Service through a Customer, you may be matched with any other User who also accesses the Service directly rather than through a Customer.
    • Other parties you chose to share data with through our Service. This includes any other users with whom you communicate through the Service;
    • Other companies owned by or under common ownership as Glassbreakers. These companies will use your personal information in the same way as we can under this policy;
    • Third-party vendors and other service providers that perform services on our behalf, in order to carry out their work for us, which may include billing, payments, service fulfillment, web hosting or providing analytic services. We provide only as much information as is reasonably necessary to perform the Services on our behalf;
    • Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings;
    • Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Glassbreakers, our Users, or others; and
    • With our Customer if there is a credible allegation of a violation of our Acceptable Use Policy, or a threat or risk of harm to you or another User or to the Customer.
    • We may anonymize or aggregate individual data gathered in the course of providing the Service and share that aggregate data with our Customer and with other users as part of our analytics service. This information will be shared in a de-identified and aggregate form such that you will not be identified personally.

    To the extent that we provide forums, blogs or bulletins that allow you to post user-generated content, such content may become available to the public and to certain other members of the Service, like your co-workers, employer, or anyone else with whom you’ve agreed to share data. If you delete information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.

    We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

    4. INVITE A FRIEND

    With your permission, we may access your contact list available on your mobile device or in your email accounts in order to locate your friends and contacts on the Service and to invite your friends and contacts to connect with our Service. When we invite your friends to join the Service, we will include your name and photo to let them know that you are the person extending the invitation. After sending these invitations, we may also send a reminder message to your invitees on your behalf. We will store these contacts for purposes of alerting you when your contacts join our Service at a later time so that you may connect with them on the Service, and to suggest friends and connections to other members of the Service.

    5. YOUR CHOICES ABOUT YOUR INFORMATION

    How to control your communications preferences:​ You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

    Modifying or deleting your information. We will retain your information for as long as your account is active or as needed to provide you Services. If you close your account, or if you use the Service through one of our Customers and the Customer closes the account or instructs us to remove you from the Service, we will deactivate your account from the Service and will retain your personal information for a reasonable period for record-keeping purposes and thereafter will delete or de-identify your personal information.

    You may view and modify your personal information, including your contact information, job title, and quality tags, through your account settings.

    We may not be able to modify or delete your information in all circumstances. For example, if you share information and content with other users through the Service, you may not have the ability to delete or modify the communication. If you have any questions about reviewing, modifying or deleting your account information, contact us at support@glassbreakers.co. In some cases, we may not be able to remove your personally identifiable information, in which case we will let you know if we are unable to do so and why.

    6. HOW WE STORE AND PROTECT YOUR INFORMATION

    Storage and processing:​ Your information collected through the Service may be stored and processed in the United States or any other country in which Glassbreakers or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Glassbreakers or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. If you are a Customer with employees, team members or other end users located in the European Union, you confirm that you have the right to consent to the transfer of user data to our Service and to facilities located in the United States or in any other country in which Glassbreakers or its service providers maintain facilities.

    Keeping your information safe:​ Glassbreakers cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, Glassbreakers will investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

    7. CHILDREN’S PRIVACY

    Glassbreakers does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at support@glassbreakers.co

    8. LINKS TO OTHER WEB SITES AND SERVICES

    Our Service may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, linked from, or connected with the Service and your interactions with any third-party website or service are subject to that third party’s own rules and policies

    9. HOW TO CONTACT US

    If you have any questions about this Privacy Policy or the Service, please contact us at support@glassbreakers.co

    Glassbreakers
    599 3rd street, #309
    San Francisco, CA 94107

    10. CHANGES TO OUR PRIVACY POLICY

    Glassbreakers may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy we will update the ‘last modified’ date at the top of this page.

  • Acceptable Use Policy down

    Acceptable Use Policy

    Last Updated: J​anuary 14, 2016

    This Acceptable Use Policy (“A​UP”​) provide the terms and conditions under which Glassbreakers, Inc. ("G​lassbreakers" ​or “w​e”​) provides you, either individually, or as an employee, consultant or other representative of your employer which is a customer of Glassbreakers(“C​ustomer”​ or “y​ou”​),with access to Glassbreakers’ Services. P​lease read the Terms carefully before using the Services,as your use of the Services will signify your agreement to this AUP. IF YOU DO NOT AGREE WITH THIS AUP, YOU ARE NOT PERMITTED TO USE THE SERVICES.

    This AUP is deemed incorporated into and part of either (a) if you are using the Services as an individual, the Glassbreakers Terms and Conditions, or (b) the written agreement between Glassbreakers and Customers regarding your use of the Services (“C​ustomer Agreement”​).

    1. Modifications.​ You understand and agree that Glassbreakers may, at any time, change or discontinue any feature of the Services, including content, features, functionality, availability, and/or devices or equipment needed for access to the service. Furthermore, Glassbreakers reserves the right, in its sole discretion, to modify this AUP at any time, without notice to you. Please check the AUP on Glassbreakers’ website periodically for any such modifications. Your continued use of the Services shall be deemed your acceptance of the modified AUP.
    2. Your Responsibilities.​ You agree that you have provided to Glassbreakers, and will maintain and keep current, complete and accurate registration information for the Services. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Services, including those related to data privacy, international communications the transmission of technical or personal data and export control laws. You must not share your login account or user identification or password with anyone else or otherwise​p​rovide or disclose to, or permit use of the Services or Glassbreakers IP by, to anyone else. You shall notify Glassbreakers immediately of any unauthorized use of any password or account or any other known or suspected breach of security.
    3. Privacy Policy.​ By using the Services, you agree to Glassbreakers’ Privacy Policy and its terms which are incorporated by reference in this AUP, including those relating to personally identifiable information about you.
    4. Restrictions.​ You may not, nor may you permit anyone else to:
      1. Send unsolicited or unlawful messages, or use the Services for any commercial solicitation purposes;
      2. Send or store infringing, obscene, threatening, harmful, libelous, or otherwise unlawful material, including material harmful to children or which violates privacy rights;
      3. Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, or agents;
      4. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
      5. Use the Services in a manner that infringes or misappropriates the intellectual property rights of any third party (for example, distribution of any music, software, image or other work protected by copyright law, without permission from its owner, or dissemination of trade secrets without authorization);
      6. Except as expressly authorized by Glassbreakers or the applicable User, copy, distribute or disclose any part of the Services in any medium, including without limitation by any automated or non-automated scraping;
      7. Use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Glassbreakers’ servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Glassbreakers grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from our website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
      8. Collect or harvest any personally identifiable information, including account names, from the Services;
      9. Interfere with or disrupt the integrity, security or performance of the Services or the data contained therein, or taking any action that may impose an unreasonable or disproportionately large load on Glassbreakers’ or its service providers’ network or infrastructure; or
      10. Gain (or attempt to gain) unauthorized access to the Services or its related systems or networks, including without limitation attempting to access any content on the Services through any technology or means other than those provided or authorized by the Services or to bypass the measures we may use to prevent or restrict access to the Service, such as features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
    5. Offensive Conduct.​ In addition, you are not permitted to distribute, display, or store on or through the Services any content or links to any content that Glassbreakers (in its reasonable discretion) believes:

      1. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
      2. Is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, or otherwise creates a risk to a person’s safety or health, or to public safety or health, or loss or damage to any person or property;
      3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
      4. May constitute or contribute to a crime or tort, or compromises national security or interferes with an investigation by law enforcement;
      5. Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as your employer’s confidential information), or that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
      6. Is defamatory or violates a person’s privacy or other rights, including intellectual property rights of any kind; or
      7. Is otherwise malicious, fraudulent, unlawful, morally repugnant, racially or ethnically offensive, or otherwise objectionable.
    6. Cooperation. I​f Glassbreakers is legally required to permit any relevant authority to inspect your use of the Services, including content, you agree we can do so. Glassbreakers will use commercially reasonable efforts to give you notice of such requirement if permitted to do so under applicable laws and regulations. Glassbreakers may, without notice to you, report to the appropriate authorities (including, if applicable, the Customer) any conduct by you that Glassbreakers believes violates applicable law, and provide any information we have about you, or your use of the Services and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that Glassbreakers believes, in good faith, meets the requirements for such a request.
    7. Proprietary Rights; Feedback.​ Glassbreakers (and its licensors, where applicable) exclusively retain all intellectual property and proprietary right of any type to the Services (including all content and software used to provide the Services). You are not permitted to modify or create derivative works based on the Services or Glassbreakers IP; reverse engineer or access the Services or Glassbreakers IP in order to build a product using features, functions or graphics similar to the Services or Glassbreakers IP; or copy any features, functions or graphics of the Services or Glassbreakers IP; or disclose the results of any benchmark tests of the Services without Glassbreakers’ prior written consent. You agree that any and all comments or suggestions you may provide to Glassbreakers regarding the Services, including, without limitation, feedback, suggestions or ideas in response to any customer survey shall be deemed, and shall remain, the property of Glassbreakers, and may be used by Glassbreakers for the enhancement, modification, development or support of its products and services, without liability of any kind to you or any third party.
    8. Copyright Infringement.​ Please follow Glassbreakers’ Copyright Infringement Policy if you believe your copyrighted works are being distributed without authorization, or otherwise infringed, through the Services.
    9. No Responsibility for other Users. A​lthough we provide rules for user conduct, we do not control or direct users' actions through the Services and are not responsible for the content or information users transmit or share through the Services, or for the actions of any users or other third party in connection with the Services. Glassbreakers is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter in using the Services, or for the conduct, whether online or offline, of any user of the Services.
    10. Use Under Customer Agreement (if applicable).​ You are authorized to use the Services as part of the diversity and mentoring services being provided by Glassbreakers to Customer. Use of the Site or the Services for any unauthorized purpose whatsoever is grounds for termination of your account. You are only permitted to use the Services for the time period designated in the Customer Agreement unless earlier terminated by Customer or Glassbreakers (“S​ervices Term”​). In the event of a conflict between this AUP and the Customer Agreement, then the Customer Agreement controls and governs such use.
    11. Termination.​ Glassbreakers may terminate your access to the Services immediately if you fail to comply with any of this AUP. At the end of the Services Term (if applicable) or other termination of your account or upon the request of Glassbreakers, whichever is earliest, you must cease all use of the Services.
    12. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.​ UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW:
      1. THE SERVICES ARE PROVIDED "AS IS", AND GLASSBREAKERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
      2. GLASSBREAKERS OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION.