Website Terms & Conditions

The following terms and conditions ("Terms") apply to your use of this website (the "Website"). These Terms should be read alongside, and are in addition to, our privacy policy (accessible online at http://glosite.com/home/privacy) ("Privacy Policy"). If you have signed up as a customer to our event planning services ("Services"), our terms relating to use of the Services (accessible online at http://glosite.com/home/terms) ("Customer Terms") will also apply.

Please read these Terms carefully and print a copy for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time). If you do not agree to these Terms, you must stop using the Website immediately.

About us

Overglowing LLC (referred to in these Terms as "we", or "us") is a company registered in the state of Colorado, USA.

Should you have any questions about these Terms or wish to contact us at for any reason whatsoever, including any complaints, please contact us at feedback@glosite.com

Your use of the Website

You agree and are permitted to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.

You are permitted to download and print content from the Website solely for your own internal purposes and/or personal use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.

In using the Website, you must not stalk or harass any person or impersonate or falsely represent an association with any other person, including us.

Your content

You are responsible for any content, personal data, posts, blogs, music or other information you post on the Website (User Content). By posting the User Content on the Website, you agree to it being used by us in accordance with these Terms and the Privacy Policy.

You agree that any User Content will not:

(a) be defamatory to or about any person;
(b) infringe any rights, including IPR, of any other person;
(c) be inappropriate, offensive, abusive discriminatory, obscene, blasphemous or in any way unlawful; or
(d) contain software containing a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.

You confirm that you have the rights to use, copy and display on the Website any User Content which you post on the Website.

We may provide you with login details and passwords in order to access the certain sections of the Website that you sign up for. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if you have not authorised that individual to have access. You must keep passwords secret and not share them with or disclose them to other people. We accept no liability for any unauthorised use of the Website or your User Content by third parties. If you become aware that your password may have been disclosed or subject to unauthorised use, you must notify us and change your password immediately.

We reserve the right to remove without notice any User Content at any time, including User Content which we deem to breach these Terms or be in any other way unsuitable to display on the Website.

If you are a commercial entity, you may post User Content on the Website. However, you may not post User Content which amounts to advertising, marketing or other promotional material. We may remove any such User Content.

Some User Content may contain information about other people. You must not post information about other people on the Website or share information which other people have posted on the Website without their prior permission.

We may display your User Content wherever we think is appropriate on the Website. We may include advertising on the Website, including on the same page as your User Content. However, we will never display the advertising in such a way as to suggest a direct link between your User Content and the advertising. Although we reserve the right to display any advertising we choose on the Website, we will not display inappropriate advertising next to User Content.

You must comply with all applicable United States laws and regulations regarding your use of the Website. If you access the Website from outside the United States, you must comply with all local rules regarding your use of the Website.

Intellectual property rights

As between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights ("IPR") existing in or in relation to the Website, except for User Content.

If any IPR relating to the Website vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Website.

You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR relating to the Website to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

We own our trade marks used or displayed on the Website. You must not copy, alter or deface as trade marks or IPR which are made available through the Website. You must not copy any part of the Website or any content on the Website other than your own User Content. You must not copy, adapt, translate, modify, decompile, disassemble or reverse engineer any part of the Website.

As between you and us, you retain ownership of all IPR in the User Content. You grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, display, copy, publicly perform, distribute and create derivatives of the User Content for purposes in connection with the Website and for our business purposes. We may permit our sub-contractors to use the User Content for the same purposes. If you ask us to remove any User Content from the Website, we will promptly remove such User Content.

Except as expressly set out in these Terms, we do not grant you any licence to use our IPR or the Website.

Our liability to you

The Website is made available to you on an "as is" basis. We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. These include any such representations, warranties, conditions and terms relating to merchantability, quiet enjoyment and fit for purpose.

We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of the Website or content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

This Website may contain content posted on it by other people. We accept no responsibility or liability for any content posted by other people. The views or opinions expressed on the Website by other people are not our views or opinions and do not reflect our views and opinions.

We will make reasonable efforts to prevent your User Content being accessed by or disclosed to those beyond the security settings on the Website but we cannot guarantee that such measures will prevent unauthorised access and we accept no liability for such unauthorised access.

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Website with immediate effect if you breach any of these Terms.

Nothing in these Terms shall limit our liability for personal injury, death or fraud.

Termination

We reserve the right to terminate your access to the Website at any time for any reason, including your improper use of the Website or your failure to comply with these Terms, without any liability. Such termination shall not affect any right to relief which we may be entitled to, at law or in equity.

Complaints and removal of User Content

If you have a concern about how your User Content is being used or accessed on the Website or any other content on the Website, please contact us through the Website or using the contact details contained in these Terms. We will endeavour to deal with concerns and where appropriate, remove any User Content which breaches these Terms promptly.

You may request that your User Content is removed at any time. We will always endeavour to take down your User Content if so requested. However, we cannot guarantee complete deletion of your User Content and all copies, particularly those posted on blogs or on the forum. We may retain back-up copies of your User Content, even after such User Content has been taken down from the Website and we retain our rights in such back-up copies.

Amendments to these Terms

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

These Terms were last updated on 27 April 2011.

Other important terms

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms shall not constitute a waiver by us of that right.

These Terms and the Privacy Policy set out our entire relationship with you in relation to the Website. They supersede any previous terms or relationship.

These Terms are governed by U.S. law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the U.S. courts.

Customer Terms

These terms and conditions ("Customer Terms") apply whenever you subscribe for one of our event planning services ("Services") through our website (the "Website") or otherwise from us. These Customer Terms should be read alongside, and are in addition to our privacy policy (accessible online at http://glosite.com/home/privacy) ("Privacy Policy").

Please read these Customer Terms carefully and print a copy for your future reference. By registering for a Service from us, you agree that you have read, understood and agree to these Customer Terms, and the Privacy Policy (each as amended from time to time). If you do not agree to these Customer Terms, you must not subscribe to any of our Services.

1 About us

1.1 Overglowing LLC (referred to in these Customer Terms as "we", or "us") is a company registered in the state of Colorado, USA

1.2 Should you have any questions about these Customer Terms or wish to contact us for any reason whatsoever, including any complaints. please use the contact details set out below:

E-mail: feedback@glosite.com

2 About you

By subscribing to a Service from us, you confirm that you are over 18 years old. You confirm that the information you provide in relation to Service is true, accurate, current and complete. If this is incorrect, you must not subscribe for any Service and we reserve the right, in our sole discretion, to refuse or accept your subscription. You will maintain and promptly update your information using the functionality on the Site to keep your information true, accurate, current and complete.

3 The Services

3.1 Details of our Services are set out on the Website. When you create an account, you will be granted a 21-day free trial of the Service as specified in Section 5. You many choose to upgrade to a paid subscription at any time during the free trial for the price listed on the Website at the time of purchase. A pre-paid (multi-month) subscription to a Service lasts for the duration stated on the Website at the time of purchase. After the pre-paid (multi-month) subscription period, you may extend your subscription to the Services and retain use of the Customer Website with a further subscription. We will not automatically charge your account at your renew date and you will need to initiate payment for subscription renewal.

3.2 If you choose to pay monthly, you acknowledge that your credit or debit card or paypal account will be charged automatically on the monthly renewal date of your account, until you cancel your account either from your ‘My account’ control panel on the Website or by contacting customer service.

3.3 As part of the Services, we will provide you with:

(a) a website URL to your own website which you can design and customise (Customer Website);
(b) software tools which enable you to design the Customer Website and to allow you to upload content onto it;
(c) e-mail functionality to allow you to send e-mails to third parties; and
(d) where appropriate to the Service, the software tools to enable you to design and send electronic invitations to third parties inviting them to your event (Invitations), collectively the "Supplier Technology".

3.4 All prices shown on the Website are in US dollars.

3.5 Notwithstanding Clause 3.1, you or us may terminate a subscription at any time on 1 months' written notice if the other party has committed a material breach of these Customer Terms. If you terminate for our material breach, we will give you a pro rata refund of the fees you paid in advance for the remaining period to the term from the termination date. If we terminate for your material breach, you will not receive any refund.

4 Intellectual Property Rights and Customer Content

4.1 You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights ("IPR") existing in or in relation to the Supplier Technology.

4.2 We acknowledge that, as between you and us, you own all IPR existing in or in relation to:

(a) your designs and customisations of the Customer Website and Invitations;
(b) the content and data (including photos, music and video clips) which you and your authorised third parties upload onto the Customer Website or Invitations; and
(c) the content of any e-mails sent in connection with the Service, together the "Customer Content".

4.3 You confirm that you have the right to upload, distribute and use any Customer Content which you use as part of the Service and that the display of the Customer Content on the Customer Website will not infringe any third party owned IPR. You grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, publicly perform, display, copy, distribute and create derivatives of the Customer Content for purposes of providing the Services and for our business purposes. We may permit our sub-contractors to use the Customer Content for the same purposes. If you ask us to remove any Customer Content from the Website, we will promptly remove such Customer Content.

4.4 If any IPR in the Supplier Technology vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Supplier Technology. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR in the Supplier Technology to us, to carry out the intended purpose of these Customer Terms or to establish, perfect, preserve or enforce our rights under these Customer Terms.

4.5 You also acknowledge that you are only permitted to use the Service for your own domestic purposes and that you were not permitted to copy or use the Service, for any other purposes including, for example, any business purposes.

4.6 We own or license the Supplier Technology. You are not granted any rights in the Supplier Technology, except as set out in these Customer Terms. We grant you a non-exclusive, limited, revocable, non-transferable licence to use the Supplier Technology solely for the purpose of designing and using the Customer Website, Invitations and e-mails and receiving the benefit of the relevant Service as set out in these Customer Terms for the duration of that Service.

4.7 We own our trade marks displayed on the Customer Website or otherwise made available to you through the Services. You must not copy, alter or deface any or our trade marks or IPR which are made available through the Services. You must not copy, adapt, translate, modify, decompile, disassemble or reverse engineer any part of the Supplier Technology.

4.8 At the end of the Service, you shall cease to use the Service immediately. We will disable your access to the Customer Website, Invitations and e-mail account and delete all Customer Content.

5 Free trial

5.1 You may elect to sign up for a free trial of the Services ("Free Trial"). The Free Trial may apply to any of the Services available.

5.2 The Free Trial lasts for 21 days from the day you enter into the agreement for the Free Trial.

5.3 During the Free Trial, you may access the relevant Service in the same manner as if you had purchased the Service but with the following limitations:

(a) You may only add 15 people to your guestlist
(b) Your Customer Website will only be visible to the 15 people on your guestlist
(c) You may only send Invitations to the 15 people on your guestlist.

5.4 At the end of the Free Trial, we will contact you to see if you wish to continue with the Service. If you wish to continue with the Service, follow the order and payment process on our Website and as described in Clause 6 below.

6 How to register for Services

6.1 When you have selected the Service on our website that you would like to buy, please click on the button labelled ["Buy Now"]. This will set out the details of the Service you wish to register for, including the total price. You can change or add to the Services selected. If you are happy with your selection, you can then proceed to register and pay for the Service by clicking the button labelled ["Confirm"].

6.2 When you click the ["Confirm"] button, you will be asked to provide various information necessary to process your subscription for the relevant Service. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy.

6.3 When you click "Confirm" to register for a Service from us, your application represents an offer to us to register for that Service, which we may choose to accept or refuse – it does not represent a legally binding contract. Whilst we will do our best to provide the Service selected (once your application is accepted), we cannot guarantee to do so (for example, where your card issuer refuses to authorise your payment). Your offer is accepted by us and becomes binding only when we expressly confirm your subscription in writing by e-mail following payment.

6.4 We will send you an e-mail confirming your registration, setting out the details of the Service you have registered for and the total price. Please print out and keep a copy of this e-mail confirmation for your records. We retain a copy of this e-mail for our records.

7 Payment for the Services

7.1 During the checkout process, you will be transferred to the website of a third party payment provider which will process payment on our behalf. Please follow the payment instructions and complete your payment details as asked. You will have the opportunity to check your subscription details before clicking to pay for the Service. Please note that we will not collect any payment information from you.

7.2 All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order for the Service and notify you in writing (which may include e-mail) that we have done so.

7.3 If we cannot supply you with the relevant Service, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Service.

8 Delivery of the Service

8.1 We shall send you via e-mail the URL and any related information for your Customer Website within 2 working days of you entering into the agreement for the Service. You may begin to use the Service as soon as you log on to the Customer Website.

8.2 We shall be under no liability for any delay or failure to deliver Service if the delay or failure is wholly or partly caused by circumstances beyond our control.

9 Your responsibilities

9.1 It is your responsibility to:

(a) design and customise the Customer Website and Invitations using Supplier Technology;
(b) send Invitations and e-mails to third parties using Supplier Technology; and
(c) manage your event, including responses to Invitations and e-mails through the Customer Website.

9.2 You agree that any Customer Content and any other information that you post, send, distribute, transmit or link to will not:

(a) be defamatory to or about any person;
(b) infringe the rights, including IPR, of any other person;
(c) be inappropriate, offensive, abusive, discriminatory, obscene, blasphemous or in any way unlawful;
(d) contain software containing a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.

9.3 We reserve the right to remove without notice any Customer Content which we deem to breach these Customer Terms or be in any other way unsuitable to display on the Customer Website or to be contained in an Invitation.

9.4 You confirm and agree that you have obtained the permission of those third parties whom you e-mail through the Services to send them those e-mails.

9.5 We will provide you with login details and passwords in order to access the Customer Website and upload Customer Content. You must keep passwords secret and not share them with or disclose them to other people. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if you have not authorised that individual to have access. We accept no liability for any unauthorised use of the Customer Website or your Customer Content by third parties. If you become aware that your password may have been disclosed or subject to authorised use, you must notify us and change your password immediately.

9.6 You must not send out spam e-mails or send e-mails to anyone who has not agreed to be contacted by you by e-mail.

9.7 In using Customer Content or the Customer Website, Invitations or e-mails, you must not stalk or harass any person or impersonate or falsely represent an association with any other person, including us.

9.8 You must not use, reproduce, sell, resell or otherwise exploit any part of the Service for any commercial purpose.

9.9 You may create hyperlinks to public websites and implement RSS feeds from the Customer Website. You must ensure that such links or feeds are described accurately and comply with these Customer Terms. We reserve the right to withdraw the right to use hyperlinks or RSS feeds, either generally or specifically.

9.10 Some Customer Content may contain information about other people. You must respect other people's privacy and not post information about other people on the Customer Website or in Invitations or e-mails or share information which other people have posted on the Customer Website without their prior permission.

9.11 You must comply with all applicable United States laws and regulations regarding your use of the Services and the Customer Website. If you are resident outside the United States, you must also comply with all local rules regarding your use of the Services and Customer Website.

9.12 You agree to indemnify us for any direct loss or damage we suffer as a result of:

(a) any Customer Content or information you or your authorised third parties post on the Customer Website or in Invitations or e-mails you send;
(b) any other breach of these Customer Terms or Website Terms, except for non-payment of fees for the Service by you.

10 Our liability to you

10.1 We will use reasonable skill and care in fulfilling any carrying out the Services. However, we exclude, subject to Clause 10.9, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. These include any such representations, warranties, conditions and terms relating to merchantability, quiet enjoyment and fit for purpose.

10.2 We will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.

10.3 Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall, subject to Clause 10.5, be limited to the sums paid or payable for the Service to which the claim relates.

10.4 We provide the Supplier Technology in good faith but give no warranty or representation that the Customer Website will always be available and not subject to disruption, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of the Customer Website, Invitations or e-mails and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Customer Website, we accept no liability for them.

10.5 Information transmitted via the Customer Website or e-mail will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

10.6 We will comply with the terms of our Privacy Policy but we are not liable for any Customer Content or any other information (including personal data) that you or your authorised third parties upload onto the Customer Website or contain in Invitations or e-mails. You may add links to other websites from the Customer Website. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Customer Website, or any use of personal data by such third party.

10.7 We will not be liable to you where we breach these Customer Terms due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

10.8 E-mails and Invitations sent by you may be blocked by third party spam filters or security systems. We accept no responsibility for e-mails and Invitations which are so blocked and do not reach the intended recipient.

10.9 Nothing in these Terms shall limit our liability for personal injury, death or fraud.

10.10 This Clause 10 does not affect your statutory rights as a consumer.

11 Subscription cancellation and returns

11.1 In accordance with applicable law, we operate a "no questions asked" refund policy provided that you cancel your subscription within 7 working days of the start date of the subscription.

11.2 If you cancel your subscription and request a refund for the Service, you must immediately stop using the Customer Website and must not send out any further Invitations or e-mails. Your account will be closed immediately and you will lose access to the data you have entered.

11.3 If you cancel your order in any of the circumstances set out in Clause 11.1 above, we will refund any money paid by you in full. Any refunds given by us will be made to the debit/credit card account provided when you placed your order.

11.4 You are responsible for canceling your monthly subscription when you are finished using the Service.

11.5 When you cancel your subscription, you will receive email notification confirming cancellation. No further payments will be collected after the subscription is cancelled. If you do not receive an email confirmation after canceling your subscription, please contact us to confirm the subscription has ended. We do not provide refunds if you forget to cancel your subscription. If you believe a payment is incorrectly collected after you have cancelled your subscription, you will be required to produce the cancellation email confirming the date the subscription was cancelled.

12 Other important terms

12.1 We may update or amend these Customer Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

12.2 These Customer Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

12.3 You may not assign or sub-contract any of your rights or obligations under these Customer Terms to any third party unless we agree in writing.

12.4 We may assign, transfer or sub-contract any of our rights or obligations under these Customer Terms to any third party at our discretion.

12.5 No relaxation or delay by us in exercising any right or remedy under these Customer Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

12.6 If any of these Customer Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Customer Terms shall remain in full force and effect.

12.7 Only you and we shall be entitled to enforce these Customer Terms. No third party shall be entitled to enforce any of these Customer Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

12.8 These Customer Terms are governed by U.S. law. In the event of any matter or dispute arising out of or in connection with these Customer Terms, you and we shall submit to the exclusive jurisdiction of the U.S. courts.