This Glyph Mobile License Agreement (the “Agreement”) is between you and Glyph Mobile, LLC (“Glyph Mobile”). If you are agreeing to this agreement not as an individual but on behalf of your company, then “Customer” or “You” means your company, and you are binding your company to this Agreement. Glyph Mobile may modify this Agreement from time to time.
By checking the “I’ve read and agree to the Terms & Conditions” (or similar button) that is presented to you at the time of your Order, or by using or accessing Glyph Mobile products, you indicate your assent to be bound by this Agreement.
Glyph Mobile, LLC. (“Glyph Mobile”) provides development, hosting and application management services (collectively and including the Branded App described below the “Services”) that allow businesses to publish materials to their customers via mobile devices and other online platforms. This agreement covers the provision of the Services and you, by using, accessing, or attempting to interact with, Glyph Mobile, LLC websites, software, services, or any of their licensees’ services or software, agree to be bound and abide by the terms and conditions of this Agreement.
You are engaging Glyph Mobile, LLC to create a custom- version of Glyph Mobile, LLC’s app and to maintain it on your behalf. Glyph Mobile, LLC grants you a non-exclusive, non-transferable, non-sub licensable license to use and promote the Branded App for your own business purposes, subject to the terms and conditions of this Agreement and the timely payment of all fees.
Glyph Mobile, LLC will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
You shall not, and shall not allow others to: (i) cause or permit the reverse engineering, disassembly or decompilation of any portion of the Services, (ii) remove any copyright notices or other proprietary notices or restrictions from the Services; (iii) distribute, sell, sublicense, rent, lease or use the Services except as provided herein, (iv) store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works, or (v) undermine the security or integrity of or gain unauthorized access to the computing systems or networks of Glyph Mobile, LLC, its partners, or those accessed through or with the Services.
The Services constitute proprietary works of Glyph Mobile, LLC protected by copyright and other intellectual property laws. Except for the rights granted herein, Glyph Mobile, LLC retains all rights, title and interest, including all intellectual property rights, in the Services. The terms “purchase” and “sale” in reference to the Services notwithstanding, it is expressly agreed by the parties that title to the Services does not pass to you and your rights with respect to the Services will only be that of a licensee.
Following development of the Branded App you may submit your content (“Content”) through your Services account for display on the Branded App. You hereby grant Glyph Mobile, LLC a nonexclusive, fully paid, worldwide right to display the Content within the Branded App. The Content constitutes your proprietary works protected by copyright and other intellectual property laws. Except for the rights granted herein, you retain all rights, title and interest, including all intellectual property rights, in the Content.
During the term of this Agreement, you hereby grant to Glyph Mobile, LLC a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license to use the trademarks, service marks, logos, designs, descriptions, trade usage, trade dress, copyrighted material whether now or in the future used or claimed by you, whether or not registered or the subject of registration application with the U.S. Patent and Trademark Office, any state or foreign trademark office or agency, all to the extent provided to Glyph Mobile, LLC by you (the “Licensee Marks”), in word, stylized and design formats as provided and approved by you for use on the Branded App and as otherwise required pursuant to this Agreement solely in connection with this Agreement.
There may be storage limits associated with the service. Glyph Mobile reserves the right to charge for additional storage or overage fees. We may impose new, or may modify existing, storage limits for the service at any time in our discretion, with or without notice to you.
Glyph Mobile, LLC does not allow any of the following content, or links to such content, to be published on the Service:
If you post any of the above you will be notified by email and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Glyph Mobile, LLC will suspend the Services provided to you until the issue is resolved. A repeated violation of this policy may cause cancellation of service without refund of any fees. In addition, Glyph Mobile, LLC does not allow use of the Services through automated methods. Use of robots or other computer code which calls the Services, except where explicitly allowed, is absolutely forbidden. Glyph Mobile, LLC may, but is not required to make any effort to validate information provided by you for use with Services for content, correctness or usability. The final choice of whether an account is in violation of any of these policies is at the sole discretion of Glyph Mobile, LLC.
You represent and warrant that you own all right title and interest in the Content or have rights to such Content that permit you to transmit the Content through the Services for display as provided herein. You represent and warrant that the Content does not infringe any third party copyrights or patents.
The Services are offered on an “as is” basis and used by you solely at your own risk. Neither Glyph Mobile, LLC, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Glyph Mobile, LLC service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Glyph Mobile, LLC Service, unless otherwise expressly stated in this Agreement.
GLYPH MOBILE, LLC DISCLAIMS ANY WARRANTIES NOT SPECIFICALLY PROVIDED HEREIN, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU, OR VIEWERS AND USERS OF CONTENT OR THE SERVICES, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS BY ANY CAUSE OR ERRORS OR OMISSIONS OF THE SERVICES. USE OF ANY INFORMATION OBTAINED BY WAY OF GLYPH MOBILE, LLC IS AT YOUR OWN RISK, AND GLYPH MOBILE, LLC SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES.
Damages claims for unavailability of the Services against Glyph Mobile, LLC are expressly limited to the pro-rata portion of any annual charge pre-paid by you directly to Glyph Mobile, LLC for the period of the system unavailability. Under no circumstances will Glyph Mobile, LLC bear any responsibility for any damages arising as a consequence of such unavailability.
You, at your own expense shall indemnify Glyph Mobile, LLC, its affiliates, successors, assigns, members, shareholders, officers, directors and agents against any third party claim or suit brought against you for damages to the extent due to any actual or alleged infringement of Intellectual Property Rights by the Content. The foregoing indemnity is subject to the following conditions: that (a) Glyph Mobile, LLC promptly notifies you in writing of each such claim or suit and provides you with all information known to Glyph Mobile, LLC relating thereto, (b) you at your option have sole control of the defense and/or settlement; and (c) Glyph Mobile, LLC cooperates with you in the settlement and/or defense. Glyph Mobile, LLC will be reimbursed for its reasonable out-of-pocket expenses incurred in providing any cooperation requested by you.
If the Content is, or in your opinion may become, the subject of any claim or suit for infringement of any Intellectual Property Rights, or if required by settlement, you at your expense and option may: (a) procure for you the right to continue using the Content or affected part; (b) replace the Content or affected part with software of equivalent functionality; (c) modify the Content or affected part to make it non-infringing while providing equivalent functionality.
Except as set forth above under no circumstances, including negligence, shall either party (including, its agents, its clients, its servants, officers, directors and employees) be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Services or Content, as applicable; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Glyph Mobile, LLC records, programs or services.
Except as set forth in the section entitled Indemnification, each party’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount paid or payable to Glyph Mobile, LLC by you pursuant to this agreement during the current year.
Such limitations shall apply without limitation to any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The initial term of this agreement is twelve months, which will automatically renew indefinitely until terminated as provided herein.
This Service may be terminated by either party, without cause, by giving the other party 30 days written notice. You must cancel Services via Glyph Mobile, LLC support addresses. If you cancel, your subscription will terminate at the end of then current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
Notwithstanding the above, Glyph Mobile, LLC may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
No supplement, modification, or amendment of this agreement shall be binding, unless executed in writing by a duly authorized representative of each party. No waiver will be implied from conduct or failure to enforce or exercise rights under this agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. Any part of this agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute together a single document.
This Agreement shall supersede the terms of any prior agreement, purchase order or other arrangement between the parties as to the subject matter hereof.
All notices under this Agreement shall be sent in writing and shall be delivered by (i) personal hand delivery, (ii) first class mail with return receipt, (iii) overnight mail by recognized commercial carrier with tracking receipt, or (iv) confirmed email or fax and copied by one of the methods described in (i), (ii) or (iii) above, to you at the address provided by you when you registered for the Services and to Glyph Mobile, LLC at the address on the Contact Us page on Glyph Mobile, LLC’s website.
Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
You agree that Glyph Mobile, LLC may use your name in Glyph Mobile, LLC’s customer list and may publish information identifying you as a user of the Services in advertisements, news releases and releases to professional and trade publications.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of New York. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act.
This Agreement shall be governed and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. Any legal action relating to this agreement will be brought in New York County, New York, U.S.A., and the parties agree to the exercise of jurisdiction by a state or federal court in such county.
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We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
Any of the information we collect from you may be used in one of the following ways:
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page. Inside of Glyph Mobile Manager, click on the Account tab at the top of the browser window to make changes to your personal information.
This policy was last modified on 5/21/2013
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Unless otherwise stated, Glyph Mobile and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without , Glyph Mobile express written consent.
You must not use this website for any purposes related to marketing without Glyph Mobile express written consent.
Access to certain areas of this website is restricted. Glyph Mobile reserves the right to restrict access to any areas of this website, or indeed this entire website, at its discretion.
If Glyph Mobile provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Glyph Mobile may disable your user ID and password in its sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Glyph Mobile or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Glyph Mobile reserves the right to edit or remove any material submitted to this website, or stored on Glyph Mobile servers, or hosted or published upon this website.
Notwithstanding Glyph Mobile rights under these terms and conditions in relation to user content, Glyph Mobile does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Glyph Mobile makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Glyph Mobile does not warrant that:
Glyph Mobile will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Glyph Mobile has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Glyph Mobile liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, Glyph Mobile has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Glyph Mobile officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Glyph Mobile officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Glyph Mobile.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Glyph Mobile and undertake to keep Glyph Mobile indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Glyph Mobile to a third party in settlement of a claim or dispute on the advice of Glyph Mobile’s legal advisers) incurred or suffered by Glyph Mobile arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to Glyph Mobile’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Glyph Mobile may take such action as Glyph Mobile deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Glyph Mobile may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Glyph Mobile may transfer, sub-contract or otherwise deal with Glyph Mobile’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Glyph Mobile in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with governing law in the State of New York and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York State.