TERMS OF USE

(For users with usual residence in or with principal place of business in the United States)

 

Last Updated: June 17, 2022

 

WELCOME, USERS!

 

These Terms of Use (“Terms”) govern your use of SNOW Corp.’s (“we,” “us” or “our”) GlowUp mobile application, GlowUp website and related services available, accessible or enabled via the GlowUp mobile application or website (collectively, “GlowUp”).

 

BY CLICKING TO ACCEPT THESE TERMS, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, https://terms.snow.me/GlowUp/PrivacyPolicy?language=EN&country=ALL, SO PLEASE READ THEM CAREFULLY.  IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES

 

By accessing or using the Services, you represent and warrant that:

If you do not meet all of these requirements, you must not access or use GlowUp.

 

AS USED HEREIN:

 

 

  1. ELIGIBILITY

 

Users must be at least thirteen (13) years of age or older.  If you are under the age of thirteen (13), you may only use our Service with the prior consent of your parent or legal guardian.  Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you prior to your use of Services.  If you are a parent or legal guardian and you have consented to your child’s use of the Services, these Terms apply to you and you are responsible for your child’s activity relating to the Services.

 

  1. CHANGES TO THE TERMS AND SERVICE

 

The current version of the Terms is effective as of the “Last Updated” date above.​​ We may, from time to time and at our sole discretion, update these Terms by providing modified versions of the Terms on the GlowUp App. You acknowledge that by doing so, we have provided you with sufficient notice of the amendment.  Although we will notify you of any material changes to the Agreement, you also have the responsibility to periodically access the GlowUp website and GlowUp App to review the most up-to-date version of the Terms.  Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes.

 

Our service is always changing and evolving and we may, without providing any prior notice, change or cease provision, or create limitations or restrictions to the use, of the Services or any portion thereof.  We may also, without notice and at our sole discretion, permanently or temporarily terminate or suspend your use of Service or any portion thereof if, in our opinion, you have violated any provision of these Terms of Use.

 

  1. INTELLECTUAL PROPERTY AND RIGHTS GRANTED TO YOU

 

Except for your User Content, the Service and all materials therein or transferred thereby, including, but not limited to, all proprietary content, visual interfaces, interactive elements, compilation, computer code, products, look and feel, features, material, software, images, graphics, illustrations, names, logos, trademarks, photographs, illustrations, video, audio, music, and other elements of the Service (“Content”) belong to us and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  Nothing in these Terms shall be deemed to create a license in or under any such intellectual property right and you may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Content except as expressly authorized by this Agreement.  We also reserve all rights not expressly granted in this Agreement.

 

We grant you with worldwide, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Service.  This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by us in the manner permitted by these Terms.

 

Unless otherwise stipulated, you may only view, share, store, use, transmit and post User Content via the GlowUp mobile application or website for personal and non-commercial purposes.  Such viewing, printing or downloading of any content grants you only a limited, nonexclusive, revocable license solely for your personal use.  We do not claim any ownership rights in any User Content.

 

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of use and may violate copyright, trademark, and other laws.

 

  1. PROHIBITED USES

 

While using the Services, you agree not to:

 

 

  1. USER CONTENT

 

You are solely responsible for all your User Content and you represent and warrant that you have obtained all necessary rights, consents, waivers, and authorizations to use the User Content in accordance with the functionality of the Services without violating the rights of others, including any rights of privacy or publicity with respect to the name, image, and likeness of any individual included in your User Content.

 

We take no responsibility for any User Content, and we are not obligated to monitor access to or use of GlowUp or to review or edit any User Content, although we have the right to do so for the purpose of operating GlowUp, to ensure compliance with these Terms or to comply with applicable law or other legal requirement.

 

We have the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

 

  1. PROTECTION OF PERSONAL INFORMATION

 

We respect your privacy and have established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Service.  Our Privacy Policy is available on the GlowUp website and mobile application and applies to your use of the Service.  By using the Service and/or indicating your consent to the Privacy Policy, you are agreeing to the terms of our Privacy Policy as updated from time to time.

 

We do not knowingly collect personal information from Users under the age of 16 without consent from a parent or legal guardian.  Any parent or guardian who believes that a user under the age of 16 may have provided personal information without their consent should contact us at glowup_support@snowcorp.com.  In such a case, we will take necessary actions to delete the personal information of Users under the age of 16.​

 

  1. FEEDBACK

 

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”).  You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback.  All Feedback becomes our sole and exclusive property, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.  You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

  1. TERMINATION AND SUSPENSION OF ACCESS

 

Your rights under this Agreement will automatically terminate if you fail to comply with any of these Terms of Use.  In case of such termination, you must cease all use of the Service, and we reserve the right to immediately revoke your access to the Service.  We may, at our sole discretion, suspend your access to the Service in part or in whole if you fail to comply with these Terms.  Our failure to exercise or enforce these Terms will not constitute a waiver of such term or any of our rights or remedies.

 

  1. ADVERTISEMENT

 

We may provide our own advertisements or any third parties’ advertisements to you online or offline, including, but not limited to, on the Service website and/or mobile application, pursuant to these Terms.  Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third-party advertiser’s products or services.  Advertisements may consist of text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page).

 

  1. INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless us and our affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your violation of this Agreement, or your violation of any applicable law or regulation.

 

  1. DISCLAIMER OF WARRANTIES

 

USE OF THE GLOWUP WEBSITE, GLOWUP APP AND/OR CONTENT IS AT YOUR SOLE RISK.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE CREATES A WARRANTY.  THE GLOWUP WEBSITE, GLOWUP APP AND/OR CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.

 

WE MAKE NO CLAIMS THAT THE SERVICE OR ANY OF ITS CONTENT IS ACCESSIBLE OR APPROPRIATE OUTSIDE OF THE UNITED STATES.  IF YOU ACCESS THE SERVICE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.  WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM OUR USE OF THE SERVICE.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.​

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE GLOWUP, SERVICES OR CONTENT.  USE OF THE SERVICES IS AT YOUR SOLE RISK.  WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT THE WE WILL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

IN ANY CASE, THE COMPANY’S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF COINS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE COINS.  THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OF WILLFUL MISCONDUCT.  TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS DO NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

  1. GOVERNING LAW & DISPUTE RESOLUTION

If you live in or if the principal place of your business is in the United States of America (“USA”):

1) You agree that the laws of California, USA will apply to any disputes arising out of or relating to these Terms or the Service, without giving effect to its choice of law rules. You agree that any legal suit, cause of action or proceeding that may arise out of or relating to these Terms or the Service shall be instituted exclusively in the competent federal or state courts located in California, USA, and you agree to waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.

2) Jury Trial & Class Action Waiver. You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to these Terms or the Service. To the extent permitted by applicable law, you agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

If you live in or if the principal place of your business is in any country other than USA (including the Republic of Korea):

1) You agree that the laws of the Republic of Korea will apply to any disputes arising out of or relating to these Terms or the Service, without giving effect to its choice of law rules. You agree that any legal suit, cause of action or proceeding that may arise out of or relating to these Terms or the Service shall be instituted exclusively in the courts located in the Republic of Korea, and you agree to waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.

Disclaimer: Each party to this Agreement disclaims the U.N. Convention on Contracts for the International Sale of Goods. We both agree it does not apply to the Service.

 

  1. GENERAL TERMS

1) Export Control.  You acknowledge that the Service, and your use and handling of the Service, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the our Service and Content.  You agree to comply with all such laws, restrictions, and regulations.

2) English Version.  The English version of this agreement will be the version used when interpreting or construing this agreement.

3) Severability.  If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply.

4) No Waiver.  If we don’t enforce (or we delay enforcement) of the Terms against you, we haven’t waived our enforcement rights.

5) Assignment or Transfer.  You can’t assign or transfer your rights or obligations under this agreement to someone else without our written permission.  We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of our services, or otherwise) without your permission.

6) Entire Agreement.  These Terms are the entire and exclusive agreement between us regarding the Service, and these Terms supersede and replace any prior agreements between us regarding the Service.