Terms of Service

1. Our Relationship

These Terms of Service include our Privacy Policy (collectively the “Terms”) and govern our relationship with you as a user of our Applications. These Terms constitute a legally binding agreement between you and White Glove Media, LLC. ("WGM"). To understand how your information is managed while using our Applications, please refer to our Privacy Policy. If you do not agree with the Terms, then do not use our Applications.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 10. YOU AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Changes to Applications or Terms

We reserve the right to modify the features within the Applications or even temporarily suspend the Applications without prior notice to you. These Terms may also be revised to align with any alterations in our Applications or the way we deliver them, as well as to adhere to legal obligations or other legal and security considerations. If you choose to continue using the Applications after these changes take effect, we will interpret it as your acceptance of the updated terms.

3. Your Rights & Use of our Applications

Our Applications let you record and share content. WGM grants you a non-assignable, non-exclusive, revocable, and non-sublicensable right to use the Applications according to these Terms.

By using our Applications, you affirm, guarantee, and consent to the following:

(a) You possess the capacity to enter a legally binding contract with WGM.

(b) You are not a convicted sex offender.

(c) You commit to abiding by these Terms and all applicable local, state, national, and international laws, statutes, and regulations.

(d) You do not fall under the category of individuals barred from using the Applications as per the regulations of the United States or any other pertinent jurisdiction. This includes, for instance, not being listed on the U.S. Treasury Department's roster of Specially Designated Nationals or being subjected to any comparable prohibitions.

Our Applications are not intended for use by individuals under the age of 13. If we become aware that you are under the age of 13 (or below the minimum age required to use the Applications in your geographical location without parental consent), we will discontinue providing access to the Applications for you.

If you are using the Applications on behalf of a business or entity, then:

(i) The terms "you" and "your" encompass both you as an individual and the said business entity.

(ii) You affirm and guarantee that you are an authorized representative of the business or entity, vested with the authority to legally bind the entity to these Terms. Furthermore, you acknowledge your agreement to these Terms on behalf of the entity.

(iii) Your business or entity holds the legal and financial responsibility for your access or utilization of the Applications, which includes employees, agents, or contractors.

These Terms do not establish or grant rights to any third-party beneficiaries.

4. Applications & Captured Content

Our Applications let you capture and share content (“Captured Content”). When you do that, you retain the ownership of that Captured Content and you grant us a license to use such content. Your Captured Content might become unavailable for any number of reasons, including things like an operational glitch. Since we can’t promise that your content will always be available, we recommend keeping a separate copy of content you save to your device. We may review and delete any Captured Content from the Applications at any time, however we will be unable to delete any Captured Content you share outside the Applications, and you shall be solely responsible for any Captured Content you record or share through the Applications. Additionally, please never endanger yourself or others in the pursuit of capturing content.

By using the Applications, you commit to always adhering to these Terms. Should you fail to do so, we may retain such Captured Content and data related to such breaches, and alert third parties by sharing such relevant retained information.

We may display advertisements or promotions within the Applications, including personalized offers tailored to the Application Content. Our Applications may also display, include, or provide data, information, features, websites, applications, or content from third parties (“Third-Party Content”) solely for your convenience. If you choose to use any Third-Party Content made accessible through our Applications, your relationship with such third parties shall be governed by their respective terms. WGM and our affiliates bear no responsibility or liability for the terms set by third parties. Furthermore, when using our Applications, you acknowledge and agree that WGM is not responsible for evaluating or verifying any aspect of the Third-Party Content. We disclaim any liability or responsibility toward you or any individual regarding Third-Party Content.

5. Rights You Grant Us

You grant WGM, our affiliates, and our business partners an unrestricted, royalty-free, irrevocable, sublicensable, transferable and perpetual right and license throughout the universe to (a) host, store, cache, analyze, and transmit Captured Content, and (b) use, display, reproduce, create derivative works from, distribute, monetize, promote, exhibit, broadcast, syndicate, reproduce, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any part of your Captured Content in any form and in any and all media format or distribution method, currently known or later developed, for commercial and non-commercial purposes. This license applies to the separate video, image, and sound recording contained in your Captured Content, as well as the name, image, likeness, and voice of anyone featured in Captured Content that you record or share. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, name, image, likeness, or voice are used by us, our affiliates, or our business partners. This license is for the purpose of operating, developing, providing, promoting, and improving the Applications and developing new ones.

We greatly value input and suggestions from our users. However, it's important to note that if you offer feedback or suggestions, they may be utilized by us without any form of compensation to you and without imposing any constraints or obligations upon us. You consent to us holding all rights to anything we create because of such feedback or suggestions.

6. Respecting the Application Rights

The content, software, images, text, graphics, illustrations, logos, icons, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, branding, works of authorship, features, overall visual and functional design of the Applications, and other proprietary technology (collectively referred to as "Application Content") or any copyrights, trademarks, or other intellectual property rights owned by WGM, its affiliates, and service providers.

The use of Application Content for any purpose not explicitly authorized by these Terms is strictly prohibited. This means that the Application Content may not be used, downloaded, copied, replicated, distributed, transmitted, broadcasted, displayed, sold, licensed, or exploited in any manner without the prior written consent of WGM or, where applicable, our licensors. We and our licensors maintain all rights that are not expressly granted in relation to their content.

Furthermore, you shall not take any of the following actions (collectively “Invalid Actions”):

·         duplicate, reverse engineer, modify, decompile, decode, make derivatives of, or extract the source code of the Applications;

·         use in a way that could damage of the Applications or circumvent any related security;

·         probe for vulnerabilities of our Applications, systems or networks;

·         violate any law or regulation related to your access or use of the Application;

·         access or use the Applications other than as permitted by these Terms, or

·         encourage anyone else to take an Invalid Action.

7. Indemnity

You consent to undertake the defense, indemnification, and protection of WGM, its parent companies, subsidiaries, affiliated entities, along with their respective officers, directors, workforce, representatives, and consultants, against all allegations, obligations, expenditures, and charges, which may encompass, among other things, legal fees and disbursements. These arise because of your failure to adhere to these Terms or stemming from any non-compliance with your responsibilities, declarations, and assurances stipulated in these Terms.

8. Exclusion of Warrantees

THE APPLICATIONS ARE OFFERED ON AN "AS IS" BASIS, AND WE DO NOT PROVIDE ANY WARRANTY OR GUARANTEE REGARDING THEM. SPECIFICALLY, WE DO NOT ASSURE OR WARRANT:

A. THAT THE APPLICATIONS WILL FULFILL YOUR SPECIFIC REQUIREMENTS.

B. THAT YOUR UTILIZATION OF THE APPLICATIONS WILL OCCUR WITHOUT INTERRUPTIONS, IN A TIMELY MANNER, SECURELY, OR WITHOUT ERRORS.

C. THAT ANY INFORMATION YOU ACQUIRE THROUGH YOUR USE OF THE APPLICATIONS WILL BE ACCURATE OR DEPENDABLE.

9. Limitation of Liability

THESE TERMS DO NOT LIMIT OUR RESPONSIBILITY FOR LOSSES THAT CANNOT BE LEGALLY EXCLUDED OR RESTRICTED BY APPLICABLE LAW. THIS INCLUDES OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE, THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS, AS WELL AS FOR FRAUDULENT ACTIVITIES OR MISREPRESENTATION.

APART FROM THE ABOVE PARAGRAPH, WE ARE NOT LIABLE TO YOU FOR:

(I) ANY DIRECT OR INDIRECT LOSS OF PROFITS.

(II) LOSS OF GOODWILL.

(III) MISSED OPPORTUNITIES.

(IV) LOSS OF DATA EXPERIENCED BY YOU.

(V) ANY INDIRECT OR CONSEQUENTIAL LOSSES YOU MIGHT INCUR.

(VI) FOR ANY LOSS OR DAMAGE RESULTING FROM:

(A) YOUR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE.

(B) ANY CHANGES WE MAKE TO THE APPLICATIONS, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE APPLICATIONS.

(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATION DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE APPLICATIONS.

10. Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions and extends to WGM's partners, including any providers of the underlying technology used to power this experience (collectively the “WGM Parties”).

a. Applicability of Arbitration Agreement. In this Section 11 (the “Arbitration Agreement”), you and the WGM Parties agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Applications or any communications between you and the WGM Parties that are not brought in small claims court will be resolved by binding arbitration on an individual basis, except that you and the WGM Parties are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (ii) disputes or claims where the only relief sought is injunctive relief, and (iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

b. Informal Dispute Resolution First. We want to address any disputes without needing arbitration. If you have a dispute with the WGM Parties that is subject to arbitration, then prior to initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to White Glove Media, LLC., A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, (ii) your username, (iii) your name, telephone number, email address and mailing address or the name, telephone number, mailing address and email address of your counsel, if any, (iv) a description of your dispute, and (iv) your signature. Likewise, if the WGM Parties have a dispute with you, the WGM Parties will send an email or text message with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address or phone number associated with your account. If the dispute is not resolved within sixty (60) days of the date that you or the WGM Parties send a Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Applications’ Rules, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.

c. Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. If, after completing the informal dispute resolution process described above, you or the WGM Parties wishes to initiate arbitration, the arbitration will be conducted by ADR Applications, Inc. (“ADR Applications”) (https://www.adrApplications.com/). If ADR Applications is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

d. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

e. Fees. If the WGM Parties are the parties initiating an arbitration against you, the WGM Parties will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against the WGM Parties, you will be responsible for the entire filing fee. Otherwise, ADR Applications sets forth fees for its Applications, which are available at https://www.adrApplications.com/rate-fee-schedule/.

f. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the WGM Parties. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the WGM Parties.

g. Settlement Offers and Offers of Judgement. At least ten (10) calendar days before the date set for the arbitration hearing, you or the WGM Parties may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.

h. Waiver of Jury Trial. YOU AND THE WGM PARTIES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the WGM Parties are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and the WGM Parties over whether to vacate or enforce an arbitration award, YOU AND THE WGM PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

i. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This subsection does not prevent you or the WGM Parties from participating in a class-wide settlement of claims. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Applications’ Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IN SUCH CIRCUMSTANCES, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS PERMITTED TO PROCEED MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

j. Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

k. Small Claims Court. Notwithstanding the foregoing, either you or the WGM Parties may bring an individual action in small claims court.

l. Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with the WGM Parties, including any revocation of consent or other action by you to end your participation in the Service or any communication with the WGM Parties.

11. Other Terms

A. Agreement. These Terms are the complete legal agreement between you and WGM, and they replace any prior agreements regarding the Applications.

B. Choice of Law. Except in cases where they are overridden by U.S. federal law, these Terms and any claims or disputes (whether contractual, tortious, or otherwise) arising from or pertaining to these Terms or their subject matter are governed by the laws of the state of New York, without considering its conflict-of-laws principles.

C. Exclusive Venue. These Terms, along with any claims, causes of action, of any nature or character, or demands arising from or connected to these Terms, will be subject to the laws of the State of New York. Additionally, any claim, cause of action, or dispute stemming from or linked to these Terms will exclusively be resolved in either the U.S. District Court for the Central District of New York or the Superior Court of the State of New York, County of New York. By agreeing to these Terms, you also consent to the personal jurisdiction of either of these courts for the purpose of resolving any such claim.

D. No Waiver. Our failure to enforce any provision of these Terms does not mean we waive that provision or right.

E. Severability. If a court rules that any provision of these Terms is invalid, that provision will be removed without affecting the rest of the Terms, which will remain valid and enforceable.

F. Assignment. We retain the right to transfer our rights under these Terms and to provide the Applications through another entity, as long as that entity adheres to these Terms. You are not allowed to transfer any of your rights or responsibilities under these Terms without our explicit consent. We reserve all rights that are not explicitly granted to you..

G. California Consumer Rights Notice. California users of the Services are provided with specific consumer rights information under California Civil Code Section 1789.3. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted using the information provided at the specified link.