Terms & Conditions
We are pleased to offer our GLOCK ID members the opportunity to further
connect with each other through Private Messaging. We have updated our Terms and Conditions
to incorporate this new feature into our policies.
Revised: September 20, 2013
GLOCK ID is a Site
wholly owned by GLOCK, Inc. (hereinafter, for convenience, “GLOCK”), where
visitors can engage with the GLOCK brand, products, events, and community. These terms and conditions (the "Terms")
govern your access to and use of the GLOCK ID website ("Site")
referenced in these Terms. By accessing or using the Site, you are agreeing to
these Terms and concluding a legally binding contract with GLOCK. Do not access or use the Site if you are
unwilling or unable to be bound by the Terms. Nothing in these Terms confers any third
party rights or benefits.
1. Definitions
1. Parties
"You" and "your" refer to you, as a user of
the Site. A "user" is someone who accesses, interacts, browses,
crawls, scrapes, views or in any way uses the Site. "We", "us",
and "our" refer to GLOCK.
2. Content
"Content" means
articles, text, private messaging images, photos, audio, video, virtual
gadgets, location data, and all other forms of data or communication. "Your
Content" means Content that you submit or transmit to, through, or in
connection with the Site and information that you publicly display or display
in your account profile. "User Content" means Content that
users submit or transmit to, through, or in connection with the Site. "GLOCK" means Content that we create and make available in connection with the Site. "Third
Party Content" means Content that originates from parties other than GLOCK
or its users, which is made available in connection with the Site. "Site
Content" means all of the Content that is made available in connection
with the Site, including Your Content, User Content, Third Party Content, and GLOCK
Content.
2. Changes to the Terms of Service
We may modify or revise the Terms at any time with or
without notice to you. You should
revisit these Terms on a regular basis as modified or revised versions will be
binding on you. Any such modification will be effective upon our posting of new
Terms. You understand and agree that
your continued access to or use of the Site after any posted modification to
the Terms indicates your acceptance of the modification.
3. Translation
We may translate these Terms into other languages for
your convenience. Nevertheless, the English version governs your relationship
with GLOCK, and any inconsistencies among the different versions will be
resolved in favor of the English version.
4. Using the Site
1. Eligibility
To access or use the Site, you are acknowledging that you
have the requisite power and authority to enter into a legally binding contract
with GLOCK, you are concluding a legally binding contract with GLOCK, and you
are agreeing to by bound by these Terms. You may not access or use the Site if
you are a competitor of ours or if we have previously banned you from the Site
or closed your account.
2. Permission to Use the Site
GLOCK grants you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the Site subject to the
restrictions in these Terms. Your use of the Site is at your own risk,
including the risk that you might be exposed to Content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate.
3. Site
Availability
The Site and any of its features may be modified,
updated, interrupted, suspended or discontinued at any time without notice or
liability to you.
4. User
Accounts
You must create an account and provide certain
information about yourself in order to use some of the features that are
offered through the Site. You are responsible for maintaining the
confidentiality of your account password. GLOCK encourages its users to create
passwords using a combination of upper and lowercase letters, numbers and
symbols. You are also responsible
for all activities that occur in connection with your account. You agree to
notify us immediately of any unauthorized use of your account. We reserve the
right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use
only. In creating it, we ask that you provide complete and accurate information
about yourself to bolster your credibility as a contributor to the Site. You
may not impersonate someone else, create or use an account for anyone other
than yourself, provide an email address other than your own, or create multiple
accounts. You may use a pseudonym, but take care to note that others may still
be able to identify you if, for example, you include identifying information in
your postings, use the same account information on other sites, or allow other
sites to share information about you with GLOCK.
5. Privacy
GLOCK respects your privacy. We only collect information
that you supply to us through the signup process, e-mail, form completions, or
telephone conversations. All information collected is protected against
unauthorized access or release. We do not sell, rent, or loan any
identifiable personal information to any third party. GLOCK would release
your information only in the event it is legally required to do so, for
example, through a subpoena or a court order.
5. Communications
from GLOCK and other Users
By creating an account, you agree to receive certain
communications in connection with the Site from GLOCK, including private
messaging, and other users who may wish to compliment or ask you questions. You
may but are not required to participate in private messaging with any individual
GLOCK ID member.
6. Content
and Content Restrictions
1. Content
This Site was
created so that visitors can engage with the GLOCK brand, products, and events
and community. You alone are
responsible for Your Content. You assume all risks associated with Your
Content, including anyone's reliance on its quality, accuracy, or reliability,
or any disclosure by you of information in Your Content that makes you
personally identifiable. You represent that you own, or have the necessary
permissions to use and authorize the use of Your Content as described herein. You
may not imply that Your Content is in any way sponsored or endorsed by GLOCK. We reserve the right to remove, screen,
edit, or reinstate User Content at our sole discretion and
without notice to you.
2. Restrictions
You may not use
this Site to harass, intimidate, disparage, humiliate, defame or threaten
another person, or solicit or participate in illegal and/or inappropriate
behavior including illegal hate speech or pornography; exploit or otherwise
harm minors; or advocate the violation of any law or regulation. You may not post or send via private message
Content containing material that is false, intentionally misleading, or defamatory;
violates any third-party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right. GLOCK respects the rights of
copyright owners and will remove content alleged to be infringed at our sole
discretion, without prior notice to you, and without incurring liability to
you.
3. Notice.
User Content does
not necessarily reflect the opinion of GLOCK. We reserve the right to remove,
screen, edit, or reinstate User Content from time to time at our sole
discretion and without notice to you. For example, we may remove a posting if
we believe it violates our Content guidelines, or we may block access to the
private messaging feature if we believe it is being used in violation of our
Content guidelines.. We have no obligation to retain
or provide you with copies of Your Content, nor do we guarantee any
confidentiality with respect to Your Content. GLOCK does not have a duty to enforce the
Terms on your behalf against another user. GLOCK does not have a duty to monitor the Site but retains the right to
do so. GLOCK may limit, disable,
suspend, or terminate your access to the Site for any reason or no reason, and
without prior notice to you.
4. Your
Rights and Our Right to Use Your Content
You retain your rights to any Content you submit, post or
display on or through the Site. By
submitting, posting or displaying your Content on the Site, You hereby
irrevocably grant GLOCK world-wide, non-exclusive, royalty-free, sublicensable,
transferable rights to use Your Content for any purpose. By "use" we
mean use, copy, publicly perform or display, distribute, modify, translate, and
create derivative works of Your Content. You also irrevocably grant the users
of the Site and any other media the right to access Your Content in connection
with their use of the Site. Finally, you irrevocably waive, and cause to be
waived, against GLOCK and its users any claims and assertions of moral rights
or attribution with respect to Your Content.
5. Ownership
As between you and GLOCK, you own Your Content and we own
GLOCK Content. GLOCK’s Content includes
but is not limited to visual interfaces, interactive features, graphics,
design, compilation, computer code, products, software, aggregate user review
ratings, virtual gadgets and all other elements and components of the Site excluding
Your Content, User Content and Third Party Content. We also own the copyrights,
trademarks, service marks, trade names, patents and other intellectual and
proprietary rights throughout the world ("GLOCK IP Rights")
associated with GLOCK Sites and products, which are protected by copyright,
trade dress, patent and trademark laws and all other applicable intellectual
and proprietary rights and laws. As such, you may not modify, reproduce,
distribute, create derivative works or adaptations of, publicly display or in
any way exploit any of the GLOCK Content in whole or in part except as
expressly authorized by us. Except as expressly and unambiguously provided
herein, we do not grant you any express or implied rights, and all rights in
and to the Site, the GLOCK Content, and the GLOCK IP are retained by us.
7. Advertising
GLOCK and its licensees may publicly display
advertisements and other information on the Site including adjacent to Your
Content. You are not entitled to any compensation for such advertisements. The
manner, mode and extent of such advertising are subject to change without
specific notice to you.
8. Copyright Policy
GLOCK respects the intellectual property rights of others
and expects users of the Site to do the same. GLOCK will respond to notices of alleged
copyright infringement without prior notice or liability to you. If you are a copyright owner or agent of
the copyright owner and believe that any Content infringes upon your
copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing GLOCK with the information necessary to act: (i) a
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (ii) identification of
the copyrighted work claimed to have been infringed; (iii) identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit GLOCK to locate the
material: (iv) information reasonably sufficient to permit GLOCK to contact
you, such as an address, telephone number and e-mail address; (v) a statement
that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
and (vi) a statement that the information in the notification is accurate, and
under penalty of perjury that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
You may notify GLOCK of alleged
copyright infringements by providing the above information (attachments will be
accepted) by e-mail to: Legal@glock.us, or by mail to:
GLOCK, Inc.
Attn: Legal Department
6000 Highlands Parkway
Smyrna, GA 30080
9. Warranty Disclaimer and Limitations of
Liability
Please read this section carefully since it limits the
liability of GLOCK and its parent company, subsidiaries, affiliates, related
companies, officers, directors, employees, agents, representatives, partners,
and licensors (collectively, the “GLOCK Entities”). Each of the subsections
below applies only up to the maximum extent permitted under applicable law. If
any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set out herein, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in full force and effect.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an "AS IS", “WITH ALL ITS FAULTS” and "AS
AVAILABLE" basis. the glock
entities make no claims, guarantees or promises about the quality, accuracy, or
reliability of the Site, its safety or security, or the site content. accordingly,
glock entities are not liable to you for any loss or damage that might arise
from your reliance on the quality, accuracy, or reliability of the site
regardless of its sources, for example, from other users, business listings,
ratings, reviews, etc.
B. third parties and
other site users
The Site may contain links to third-party sites
or resources. the glock entities make no claims, guarantees or promises with
respect to any third party, such as businesses listed on the site or information
provided by the sites users. the
glock entities are not liable to you for any loss or damage that might arise
from their actions, including, for example, if another user misuses your
content or identify, or if you have a negative experience with one of the
businesses listed or linked on the site. your purchase and use of products or
services offered by third parties through the site, or a link from the Site, is
at your own discretion and risk.
the glock entities expressly disclaim all warranties,
whether express or implied, including warranties as to the products or services
offered by businesses listed or linked on the site, and implied warranties as
to the products or services offered by businesses listed on the site or linked
to the site, and implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. You acknowledge and agree that the GLOCK
Entities are not responsible or liable for: (i) the availability or accuracy of
such businesses, linked sites, users information or other resources; or (ii)
the content, products, or services on or available from such sites, other users
or resources. Links to such sites or resources, including information from
other users of the site, do not imply any endorsement by the GLOCK Entities of
such Sites or resources or the content, products, or services available from
such Sites, other users or resources. You acknowledge sole responsibility for
and assume all risk arising from your use of any such sites, information or
resources.
C. right and remedy
your sole and exclusive right and remedy in
case of dissatisfaction with the site, related services, or any other grievance
shall be your termination and discontinuation of access to, or use of the Site.
d. maximum aggregate liability
the glock entities’ maximum aggregate
liability to you for losses or damages that you suffer in connection with the Site
or these terms is limited to the greater of (I) the amount paid, if any, by you
to the glock entities in connection with the Site in the 12 months prior to the
action giving rise to liability, or (ii) $100.
e. further disclaimer
the glock entities expressly disclaim
liability for any (i) indirect, special, incidental, exemplary, reliance, or
consequential damages, punitive, regardless of the form of action, whether in
an agreement, tort (including negligence), strict product liability or
otherwise, even if and whether or not the Glock entities have been informed of
the possibility of any such damage, even if a remedy set forth herein is found
to have failed its essential purpose, and even if the damages were foreseeable,
e.g.: (ii) loss of profits, (iii) business interruption, (iv) reputational
harm, or (v) loss of information or data.
F. Other
as previously stated, User Content does not
necessarily reflect the opinion of GLOCK. We reserve the right to remove,
screen, edit, or reinstate User Content from time to time at our sole
discretion and without notice to you. For example, we may remove a review if we
believe it violates our Content Guidelines. We have no obligation to retain or provide
you with copies of Your Content, nor do we guarantee any confidentiality with
respect to Your Content. We are under no obligation to enforce the Terms on
your behalf against another user.
10. Indemnity
You agree to indemnify, defend, and hold GLOCK,
its parent, subsidiaries, affiliates, any related companies, suppliers,
licensors and partners, and the officers, directors, employees, agents and
representatives of each of them (collectively, the "GLOCK Entities")
harmless, including costs, liabilities and legal fees, from any claim or demand
made by any third party arising out of or relating to (i) your access to or use
of the Site, (ii) your violation of the Terms, (iii) any products or services purchased
or obtained by you in connection with the Site, or (iv) the infringement by
you, or any third party using your account, of any intellectual property or
other right of any person or entity. GLOCK reserves the right, at your expense,
to assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written consent of
GLOCK. GLOCK will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
11. Choice of Law and Venue
Georgia law will govern these Terms, as well as any
claim, cause of action or dispute that might arise between you and GLOCK (a "Claim"),
without regard to conflict of law provisions. For
any claim brought by either party, you agree to submit and consent to the
personal and exclusive jurisdiction in, and the exclusive venue of, the State
Courts of Cobb County, Georgia and/or the United States District Court,
Northern District of Georgia, Atlanta Division.
12. Waiver and Severability
The failure of GLOCK to enforce any right or provision of
these Terms will not be deemed a waiver of such right or provision.
13. Termination
You may terminate the Terms at any time by closing your
account or discontinuing your use of the Site. We may limit, disable or close your
account, suspend your ability to use all or certain portions of the Site,
and/or ban you altogether from the Site for any or no reason, and without
notice or liability of any kind. Any such action could prevent you from
accessing your account, the Site, Your Content, Site Content, or any other
related information. In the event
your account is suspended, terminated and/or closed by you or us, Sections 3,
6, 8, 9, 10, and 11 of these Terms will continue in full force and effect,
including our right to use your Content as detailed in Section 6.
