The Glass Files web and mobile apps refers to any or all of the following as made available by The Glass Files through theglassfiles.com or any subdomain of theglassfiles.com, or through a separate offering by The Glass Files or an authorized distributor of The Glass Files: digital applications, access credentials, application programming interfaces (APIs), software development kits (SDKs), software and related materials and documentation.
In the event there is a conflict between the above listed documents, the documents shall apply in the order as listed above and the first mentioned shall supersede the later mentioned documents.
The following rules and regulations apply to all visitors and customers of The Glass Files (TGF) web site and web app, the home page of which is at http://www.theglassfiles.com/. By using this web site and web app, you agree to be bound by these rules and regulations, as they may be modified by The Glass Files at any time and posted on this web site. In the event of a violation of these rules and regulations, The Glass Files reserves the right to seek all remedies available by law and in equity.
When you create a free Personal account at The Glass Files, you automatically become a member and a Historian of the Human Family. As such, you become an accredited 'The Glass Files Public Historian', which gives you the ability to manage public content and makes you a member of the TGF editorial team.
You are now writing History. Remember that with great power comes great responsibility.
Your personal information is your personal property, so you retain the rights to your copyrighted content or information that you upload, create, submit, store, and manage on all The Glass Files web and mobile apps.
By submitting your content to The Glass Files, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your content in any medium and for any purpose, including commercial purposes.
The Glass Files shall not be entitled to sublicense your content without your permission.
By posting to The Glass Files, you expressly agree that you have the right to submit anything you post, and that this uploaded content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any content uploaded by you to The Glass Files.
The Glass Files web properties and all of their materials, including, but not limited to, its software or computer code, web site and app "look and feel", scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by copyright laws and other U.S. and international laws and treaties.
All Materials are provided by The Glass Files and their partners as a service, and may be used only for personal informational and subscription purposes. No right, title or interest in our Materials is conveyed to you by your use of this web site and all other web and mobile properties served by The Glass Files.
This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials, except as permitted by the doctrine of fair use or as authorized in writing by us; (b) you may not access or use the The Glass Files web site and apps for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials.
Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited.
The Glass Files may revoke this limited license at any time for any or no reason.
All Materials are copyrights of their respective owners.
The Glass Files retains all rights regarding its trademarks, trade names, and brand names. These marks or names, and all associated logos and images, are registered and/or common law trademarks of The Glass Files Inc, and are protected by U.S. and international laws and treaties. Misuse of the trademarks displayed on The Glass Files web properties is strictly prohibited.
You are also advised that The Glass Files and its affiliates will enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
The Glass Files emphasizes the historical importance of family stories, so it is a repository of living History and primary sources. History involves imagery, speech and text that can involve mature and suggestive themes, be violent, or refer to substance abuse.
The nature of this type of historical content may be offensive to any given person, depending on their beliefs, value systems, and culture.
The Glass Files has an extensive policy and procedure in place to remove content that depicts or describes extreme violence or pornography. If you see such content, please report it by sending an email to firstname.lastname@example.org
All the things you do and all the information you submit or post to The Glass Files remain your responsibility. Indemnity is a way of saying that you will not hold us legally liable for any of your content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold The Glass Files, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of The Glass Files, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Some of the information on our web properties may contain typographical mistakes, omissions, or inaccuracies. Any errors on the site are not intentional, including pricing, availability, and display of color of products. The colors you see depend on the video monitor you use on your digital device.
The Glass Files retains the right to correct any errors, omissions, or inaccuracies at any time without prior notice.
Periodically, links may be established from The Glass Files web and mobile apps to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to The Glass Files web and mobile apps. None of these links should be deemed to imply that The Glass Files endorses the Third Party Sites or any content therein.
The Glass Files does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and The Glass Files will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any Third Party Site.
Access to The Glass Files web and mobile properties is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
The Glass Files reserves the right to block or deny access to our web and mobile properties to anyone at any time for any reason.
The Glass Files controls its web and mobile properties from its offices within the State of New York, USA. The Glass Files does not imply that the materials published on our web and mobile properties are appropriate for use outside of the United States. If you access our digital properties from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.
The terms of this web site shall be governed by the laws of the State of New York, USA, without giving effect to its "conflict of laws" provisions.
The Glass Files shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to our digital properties for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
In no event will The Glass Files be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if The Glass Files is expressly advised about the possibility of such damages.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
The Glass Files may terminate, change, suspend or discontinue any aspect of our digital properties, including the availability of any features of the properties, at any time and without notice.
The Glass Files also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. The Glass Files may also terminate the authorization, rights and license given above at any time and without notice.
Your continued use of The Glass Files web and mobile apps after any changes to these terms are posted will be considered acceptance of those changes.