Terms of Service
Updated October-21-2019
Glow in the Dark Software, LLC (“Glow in the Dark Software”) invites you to use our website, products, and services, hereafter collectively referred to as the (“service(s)”). Your use of the Services is subject to the following Terms of Service (“TOS”). By accessing or using the service you agree to be bound by the terms of the TOS. Additionally, some Glow in the Dark Software services may be subject to posted guidelines and/or rules, specific to that service, which may be posted from time to time or periodically. All guidelines and rules are hereby incorporated by reference into the TOS.
In addition, for Glow in the Dark Software’s applications (“apps”), you are also subject to any terms, conditions, privacy, and any other legal rules, of which you agreed, of the app and of the store where the app was purchased. Glow in the Dark Software is not responsible for terms, conditions, policies, or data collection or data use by any such app store.
Intellectual Property
Glow in the Dark Software and its suppliers; trademarks, service marks, trade names, logos, icons, graphics, product and service names, as well as, information, software, scripts, and goods and services offered through the services are, or may contain, proprietary intellectual property and are protected by copyright and other intellectual property laws. Use of the services does not grant you ownership of any intellectual property in the services. You may not reproduce, duplicate, copy, rent, sell, modify, exploit, or create derivative works of such intellectual property without the express written consent of its owner.
Open Sourced and Third Party Components
Some components, fonts, sounds, and graphics included in the services may be OPEN SOURCED COMPONENTS or THIRD PARTY COMPONENTS. These OPEN SOURCED COMPONENTS and THIRD PARTY COMPONENTS, and your use of them, are governed by their own licensing terms, some of which may override some of these terms.
User Conduct
You agree not to use the services to:
1. Transmit, email, submit, post, any material or use the service in any way that violates or promotes the violation of any federal, state, local laws or international laws.
2. Impersonate any person or entity, or misrepresent your identity.
3. Transmit, email or otherwise submit incorrect or inaccurate information about yourself or another person or entity.
4. Transmit, email or otherwise submit information that is generally considered to be offensive, hateful, or discriminatory in nature.
5. Use the site or its services in a manner as to stalk, harass, threaten, or antagonize another person or entity.
6. Transmit, email or otherwise submit spam, junk mail, or other unsolicited advertising material.
7. Attempt to gain unauthorized access to restricted content, circumvent restrictions, or otherwise impede the normal operation of a computer, network, or software.
8. Transmit, email, submit, or otherwise propagate software viruses, worms, or other files or software, designed or intented on disabling, disrupting service to or from, destroying, or corrupting any computer hardware, network, software, or other electronic equipment.
9. Violate the protection of any trademarks, service marks, copyrights, patents, or other intellectual property rights.
10. Use our services in way that distracts, prevents, or prohibits you from following traffic and other safety laws.
11. Use forged or falsified headers, misleading or inaccurate email addresses, or other manipulated identifiers.
Digital Goods
Some of the services provided by Glow in the Dark Software are application programs (“apps”). Your use of these apps is subject to their own terms and conditions. Additionally, if an app is purchased and/or downloaded from an app store, use of such app is also subject to terms and conditions of the app store where it was purchased.
External Links
Some hyperlinks on the website may link to third-party sites not affiliated with Glow in the Dark Software. These links are provided for your convenience. These sites are not endorsed by Glow in the Dark Software and your use of such third party sites is at your sole risk. Your use of these external sites is subject to those sites terms and conditions.
Privacy
Use of user data and personal information is subject to the terms of our Privacy Policy.
Updates
Glow in the Dark Software may modify, amend, revise, and update this TOS at any time without notice to you. You can view the most current version of the TOS by clicking on the legal and privacy link at the bottom of the home page.
Discontinuation
Glow in the Dark Software reserves the right to limit or discontinue, at any time, without notice, the services or any part of the services. Glow in the Dark Software may also add or change the services at any time.
Termination
You can discontinue use of the services at any time. Glow in the Dark Software may also stop providing the services at any time.
Indemnification
You agree to indemnify and hold Glow in the Dark Software, its affiliates, partners, subsidiaries, contractors, licensors, contributors, officers, directors, employees, and agents harmless from and against any and all claims, demands, and expenses, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the services (including, but not limited to, your violation of the TOS or your violation of any rights of another).
Limitation of Liability
YOU AGREE THAT TO THE EXTENT ALLOWED BY LAW, GLOW IN THE DARK SOFTWARE, AND GLOW IN THE DARK SOFTWARE'S SUCCESSORS, AFFILIATES, SUPPLIERS EMPLOYEES, OFFICERS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUES, COMPUTER MALFUNCTION OR DAMAGE, LOSS OF USE OF THE SERVICES, LOSS OF WORK, GOODWILL, OR LOSS OF DATA, OTHER FINANCIAL LOSSES OR PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF GLOW IN THE DARK SOFTWARE HAS BEEN ADVISED OF SUCH POSSIBILE DAMAGES).
GLOW IN THE DARK SOFTWARE, AND GLOW IN THE DARK SOFTWARE'S SUCCESSORS, AFFILIATES, SUPPLIERS EMPLOYEES, OFFICERS, PARTNERS, AND LICENSORS WIL NOT BE LIABLE FOR ANY AND ALL DAMAGE OR LOSS THAT IS NOT REASONABLY FORSEEABLE.
TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF GLOW IN THE DARK SOFTWARE, AND GLOW IN THE DARK SOFTWARE'S SUCCESSORS, AFFILIATES, SUPPLIERS EMPLOYEES, OFFICERS, PARTNERS, AND LICENSORS UNDER THE TOS WILL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE AND ACKNOWLEDGE THAT GLOW IN THE DARK SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. GLOW IN THE DARK SOFTWARE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, BE ERROR-FREE, SECURE, TIMELY, UNINTERRUPTED OR THAT THE RESULTS FROM USE OF THE SERVICES WILL BE RELIABLE OR ACCURATE. GLOW IN THE DARK SOFTWARE DOES NOT WARRANT THAT THE QUALITY OF THE SERVICES, WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, BE ERROR FREE, SECURE, OR CORRECTED IF INSECURE OR NOT ERROR FREE. GLOW IN THE DARK SOFTWARE IS IN NO WAY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM, OR FOR ANY LOSS OF DATA, OR UNAUTORIZED ACCESS TO YOUR INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES.
YOU AGREE AND ACKNOWLEDGE COMPANY HAS NO FIDUCIARY RESPONSIBILTY TO YOU OR ANY SPECIAL RELATIONSHIP WITH YOU. YOU AGREE THAT NO CONTENT, INFORMATION, OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT STATED IN THE TOS.
Governance
The TOS is governed by the laws of the United States of America and the State of Georgia. Any and all disputes and claims arising out of the services or the TOS will be brought exclusively in the courts of Forsyth County, Georgia, and you consent to jurisdiction in the before mentioned courts.
Miscellaneous
The TOS supersedes all prior agreements between you and Glow in the Dark Software for use of the services. If any portion of the TOS is found to be invalid or unenforceable the remainder of the TOS will remain in full force and effect. In the event of a conflict between the TOS and additional terms, the additional terms will control.
Contact
If you have any questions, concerns, or want to report a violation of the TOS please email:
support@GlowintheDarkSoftware.com,
or contact Glow in the Dark Software at:
4220 Ridgebrook Bend
Cumming, GA 30028
END OF TERMS OF SERVICE
Some Open Sourced and Third Party Components
Here are some of the third party components used on our website:
A. Apache License Version 2.0.
The Noto Sans Font is governed by the Apache License Version 2.0.
Copyright © 2013 Google Corporation
Noto Sans is a trademark of Google
The Appache License Version 2.0 is included for reference in Appendix 1
Appendix 1
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF APPENDIX 1