Terms of Service
Last Updated: October 10, 2018
PLEASE READ THIS DOCUMENT CAREFULLY. Spring Knowledge Global, Jsc. ("SKG", "we" or "us") offers an application for virtual eye glasses try on (the "GlassOn application"), and online administration platform for manage glasses models through its website located at glasson.sk-global.biz (the "GlassOn service"). By registering as a member or by using the GlassOn service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and SKG. If you do not wish to be bound by this Agreement, do not use the GlassOn service.If there is any contradiction between what the English language version of the Terms says and Japanese language version says, then the Japanese language version shall take precedence.
- 1. License to Use the GlassOn service
- 2. Privacy
- 3. Membership
- 4. Subscriptions and Purchases
- 5. Term and Termination; Account Deletion
- 6. Content Restrictions
- 7. Code of Conduct
- 8. Licenses Granted by You
- 9. Your Representations and Warranties
- 10. Indemnification
- 11. Third Party Copyrights and Other Rights
- 12. Disclaimers
- 13. Limitation of Liability
- 14. General Provisions
LICENSE: SKG grants you a limited, non-exclusive license to access and use the GlassOn service for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the GlassOn service for commercial purpose unless:
- You are a PRO user or higher subscriber.
RESTRICTIONS: Except as expressly permitted by SKG in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the GlassOn service or any source code therein. Nor will you attempt to circumvent any of SKG's technical measures or take any measures to interfere with or damage the GlassOn service. All rights not expressly granted by SKG are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the GlassOn service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to SKG and notify us if your information changes. If you are a business, government, or nonprofit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or nonprofit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must logout of your account after using the GlassOn service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SUBSCRIPTIONS: In addition to offering Free GlassOn memberships, we offer paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. All fees may be subject to taxes.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. SKG reserves the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes a Free account and SKG may disable access to or delete any content to comply with Free account limits. If you're using SKG for commercial purposes, you will need to maintain a Gold or higher plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.
TERM: This Agreement begins on the date you first use the GlassOn service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Free accounts may be deleted from the GlassOn service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: SKG may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if SKG determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage SKG's reputation and goodwill. If SKG deletes your account for the foregoing reasons, you may not re-register for the GlassOn service. SKG may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: In the event of account deletion for any reason, content that you submitted may no longer be available. SKG shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, "submit") any image, text or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
In using the GlassOn service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the GlassOn service (unless you are an official SKG partner or advertiser and have a written agreement with SKG).
SKG has the right, but not the obligation, to monitor all conduct on and content submitted to the GlassOn service.
LICENSE TO SKG: As between you and SKG, you own the Glasses model ("models") that you submit to the GlassOn service. By submitting a model, you grant SKG and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your model for the purpose of (i) displaying the model within the GlassOn service; (ii) displaying the model on website domains which are registered in your Store registration step; (iii) allowing other users to download, and tryon through GlassOn application.
LICENSE TO OTHER USERS: You further grant all users of the GlassOn service permission to view your models for their personal, non-commercial purposes.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your models from the GlassOn service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed models may be cached in search engine indices after removal and that SKG has no control over such caching.
For each piece of model that you submit, you represent and warrant that: (i) you have the right to submit the content to GlassOn service and grant the licenses set forth above; (ii) SKG will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the model does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless SKG and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the GlassOn service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to SKG violates any law or infringes any third party right, including any intellectual property or privacy right.
SKG respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at email@example.com.
SKG reserves the right to modify the GlassOn service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the GlassOn service. SKG has no obligation to screen or monitor any content and does not guarantee that any content available on the GlassOn service complies with this Agreement or is suitable for all users.
SKG provides the GlassOn service on an "as is" and "as available" basis. You therefore use the GlassOn service at your own risk. SKG expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SKG makes no representations or warranties:
- That the GlassOn service will be permitted in your jurisdiction;
- That the GlassOn service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on the GlassOn service or will be stored by SKG;
- That the GlassOn service will meet your business or professional needs;
- That SKG will continue to support any particular feature of the GlassOn service; or
- Concerning sites and resources outside of the GlassOn service, even if linked to from the GlassOn service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the GlassOn service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) SKG shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) SKG's total liability to you shall not exceed the amounts paid by you to SKG over the one (1) months preceding your claim(s).
GOVERNING LAW: This Agreement shall be governed by the laws of Vietnam, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: In the event of any disputes arising from the implement of the Agreement, the Parties shall solve the disputes through negotiation in prior, is case the disputes remain unchanged after negotiation, the dispute shall, then, be brought to the competent Court in Vietnam in accordance to the prevailing laws of Vietnam.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by SKG in exercising any right hereunder will waive any further exercise of that right. SKG rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without SKG's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from SKG electronically. SKG may provide all such communications by email or by posting them on the SKG Service. For support-related inquiries, you may contact us.
Nothing herein shall limit SKG's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by SKG on the GlassOn service or a written amendment signed by an authorized representative of SKG. A revised Terms of Service will be effective as of the date it is posted on the GlassOn service.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between SKG and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.