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July 3, 2007
GlimpseBack.com and its affiliates provide their service to you subject to the following conditions. If you visit or purchase products/services from GlimpseBack.com, visit the memorials and tributes that are products of GlimpseBack.com, you accept all of these terms and conditions. Please read them carefully before you agree to them. In addition, when you use any current or future GlimpseBack.com service or visit or purchase from any business affiliated with GlimpseBack.com, whether or not included in the GlimpseBack.com websites, you also will be subject to the guidelines and conditions applicable to such service or business.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
PRIVACY
Please review our Privacy Notice, which also governs your visit to GlimpseBack.com and its Memorials, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit GlimpseBack.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically (or via telephone or fax). We will first communicate with you by e-mail (before calling or faxing). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
BETA - AFTER THE PURCHASE PROCESS THROUGH GLIMPSEBACK.COM (by a Subscriber or by a Reseller) you will not be charged nor required to enter credit card or billing information. You will be assigned an Order ID number by GlimpseBack.com. The Order ID number is required to complete the GlimpseBack.com Memorial Builder. This Order ID number will be deleted from our system 365 days from the date it was issued to you, or the day you complete the Memorial Builder and confirm by clicking on the submit button. DO NOT HIT THE SUBMIT BUTTON until you have completed the entire GlimpseBack.com Memorial Builder process. You can build the memorial that you have purchased at your own leisure and come back to it over days, weeks or months - but once you hit the SUBMIT BUTTON, we CANNOT provide you with a new one free of charge. In other words, if you want further accessibility to make changes or modifications of any type/kind, or to continue the building process, you must contact GlimpseBack.com or the Reseller where you purchased from, for more information including additional fees and further instructions.
THE GLIMPSEBACK.COM COPYRIGHT & PROVISIONAL PATENTS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of IntelliGlimpseâ„¢, LLC or its content suppliers and is protected by United States and international copyright laws and patent laws. The compilation of all content on this site is the exclusive property of GlimpseBack.com and protected by U.S. and international copyright laws and patent laws. All software used on this site is the property of IntelliGlimpseâ„¢, LLC or its software suppliers and protected by United States and international copyright laws and patent laws.
SUBSCRIBER LICENSE AND SITE ACCESS
As a GlimpseBack® subscriber, GlimpseBack.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GlimpseBack.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GlimpseBack.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GlimpseBack.com, our Resellers and our affiliates without written consent. You may not use any meta tags or any other "hidden text" utilizing GlimpseBack® or GlimpseBack.com's name or trademarks without the express written consent of GlimpseBack.com. Any unauthorized use terminates the permission and/or license granted by GlimpseBack.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of GlimpseBack.com and the website you've created through GlimpseBack.com, so long as the link does not portray GlimpseBack.com, its Resellers and/or its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GlimpseBack.com logo, intellectual properties or other proprietary graphic or trademark as part of the link without express written permission.
VISITORS
Those viewing the memorials created through GlimpseBack.com, may share text (excluding coded content of any sort). Visitors must first agree to Terms & Agreements BEFORE they are allowed to upload photos, video and audio files which must be approved by the Subscriber to the account before being posted to the memorial. IMPORTANT: Subscribers may choose to POST, EDIT OR DELETE any entry or file that has originated by a Visitor to the specific memorial.
YOUR SUBSCRIBER ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years old, you may use GlimpseBack.com only with involvement of a parent or guardian. GlimpseBack.com, its resellers and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DELETING / EDITING AND APPROVING CONTENT FOR AN INDIVIDUAL MEMORIAL
The Subscriber is the account holder and manager of the individual memorials that they create. Subscribers can delete, edit or post content before it appears on the site, with the exception of text which will automatically appear before being reviewed.
DELETING AN INDIVIDUAL MEMORIAL FROM GLIMPSEBACK.COM
The Subscriber is the account holder who can remove the memorial instantly by selecting DELETE MEMORIAL, which will remove the memorial and its content from our database and can not be retrieved. GlimpseBack.com does not provide any refunds for memorials that have been accidentally deleted.
REVIEWS, COMMENTS, COMMUNICATIONS, PHOTOGRAPHS, VIDEO, AUDIO, MUSIC AND OTHER CONTENT
Visitors may post eulogies, comments, and photographs, video, audio, music and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address impersonate any person or entity, or otherwise mislead as to the origin of a eulogy, photograph or other content including obscene photographs and obscene language, GlimpseBack.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. GlimpseBack.com reserves the right to not post obscene language and/or obscene photographs, video or other content.
Photographs must be uploaded in .jpg format (medium quality) at actual size which may not exceed 4"x 6" (inches). Each file size should not exceed (75k) each. Photographs may not be usable or viewable if this rule is not followed. Note: GlimpseBack.com cannot change, enlarge, reduce, modify or perform touch-ups. Photos are "as is", in other words, "what you upload is what you get".
Video must be uploaded in .mov, .mpg, .avi or .wmv file format. There is a 5MB limit for each video. You may also provide a URL to an external source for video, however, we encourage you to read the terms and agreements of their site to make sure they allow you to link to their web site and/or your account within their web site, directly or indirectly. GlimpseBack.com is not responsible for the video content that you link to, nor the content of the videos that you share with visitors, however, GlimpseBack.com reserves the right to cancel your subscription, account and the memorial without explanation or refund, should we find inappropriate, illegal or content that infringes copyright laws.
Music / Audio
You may choose from the music that has been uploaded by the legal owners of the music, or you may upload your own music or audio files by providing an .mp3 audio file. There is a 5MB limit for each mp3 file. GlimpseBack.com is not responsible for the audio content that you link to, nor the content of the videos that you share with visitors, however, GlimpseBack.com reserves the right to cancel your subscription, account and the memorial without explanation or refund, should we find inappropriate, illegal or content that infringes copyright laws.
Music Selections / Rights of Ownership / Rights of Termination
GlimpseBack.com allows musicians to create an account specific to musicians. They must be approved to create an account. GlimpseBack.com reserves the rights to decline a musician and to delete a musician for fraudulent representation. GlimpseBack.com also reserves the rights to decline specific songs or delete specific songs, based on explicit or inappropriate lyrics.
Genres of Music
Musicians of all genres are invited to participate in sharing their music clips through GlimpseBack.com, so that subscribers can post music to the pages of the individual memorial(s) in the account. GlimpseBack.com memorials are meant to "celebrate" and represent the life of the person. It is possible that you may be surprised when you hear stronger beats and lyrics in a memorial. Subscribers, please preview songs from beginning to end BEFORE posting them to the memorial.
Music Categories
During the BETA of GlimpseBack.com there are several categories that do not list music. As musicians add music, songs will appear in each category. Subscribers can change their music selections as often as they would like.
SUBSCRIBERS, MUSICIANS AND DEVELOPERS
If you do post content or submit material, and unless we indicate otherwise, you grant GlimpseBack.com, its Resellers and its affiliates a nonexclusive, royalty-free, perpetual, derivative works from, distribute, and display such content throughout the world in any media. You grant GlimpseBack.com, its Resellers and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GlimpseBack.com, its Resellers or its affiliates for all claims resulting from content you supply. GlimpseBack.com, and its Resellers has the right to but not the obligation to monitor and edit or remove any activity or content. GlimpseBack.com, and its Resellers takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
GlimpseBack.com and its Resellers and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@glimpseback.com.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GlimpseBack.com the written information specified below. Please note that this procedure is exclusively for notifying GlimpseBack.com that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PRICING
Expect where noted otherwise, the product price displayed for products on our website represents the full retail price listed on the product itself. With respect to items sold by GlimpseBack.com and its Resellers, we cannot confirm the price of any item until you order; however, we will NOT produce, host or ship your products until your order has been paid in full and received by GlimpseBack.com and its Resellers. If you have purchased GlimpseBack.com products through a Reseller (including but not limited to: a funeral home or a newspaper or publication), they should have terms and conditions of their own, in addition to the Terms and Agreements of GlimpseBack.com and they should be read and agreed to respectively.
You acknowledge that GlimpseBack.com reserves the right to change its fees from time to time in its discretion. If GlimpseBack.com terminates your Subscription, Reseller, Musician, Developer or Non-Profit account, because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, including damages and claims of other sorts.
GlimpseBack.com reserves the right to offer its services free of charge or change prices without any explanation or prior written notice.
Please note that this policy applies only to products and services sold, hosted and shipped by GlimpseBack.com and its Resellers. Your purchases from third-party sellers using GlimpseBack.com are charged at the time you place your order, and third-party sellers may follow different policies.
WE RESERVE THE RIGHT(S) TO MAKE CHANGES WITHOUT ANY PREVIOUS NOTICE
We want you to be aware that from time to time GlimpseBack.com will be making necessary changes to the business including: the function(s) of the site, the products, the look of the site and the memorial packages, the products, the prices, the Terms & Conditions, the programming and functionality, as well as the way we do business, without any previous notice.
As we discover the needs of network and our Subscribers we will make the necessary changes to enhance the Subscribers / Users experience. On occasion as we are making these changes and/or updates you may experience some slower than usual page views, uploads and downloads. Under rare circumstances the site may be down for several hours as we make these adjustments.
RESELLERS
To become a Reseller there is no sign-up fees; however, a credit check is performed and must be approved before any authorization is granted to become a Reseller. Bank reference and a valid credit card is held for use "if" the Reseller does not pay for purchased GlimpseBack.com memorial websites upon ordering, or for use "if" NSF or uncollected funds remain on orders more than five business days we shall charge to your credit card or bank account. NSF checks are subject to a $50.00 fee per order. Resellers are responsible for paying wholesale prices in full for each web site that is sold. Resellers do not own GlimpseBack.com or claim any ownership or partnership of GlimpseBack.com. GlimpseBack.com is solely owned by IntelliGlimpse, LLC. Note: If you are a Reseller of GlimpseBack.com and the products it represents, it is suggested, but not required that your company/organization have an additional set of Terms, Conditions and Agreements that your client should agree in addition to the Terms, Conditions and Agreements of GlimpseBack.com and the products it represents.
RESELLER BANNER ADS
During the purchase process a Reseller can choose to include their own banner ad, however, changing the price of the Memorial from wholesale pricing to full retail pricing. Prices are subject to change without any prior notice.
AFFILIATES
All memorials that are sold through a GlimpseBack.com Affiliate portal, may display their brand along with the GlimpseBack.com logo. Also, some Affiliates have chosen to post banner advertising under each individual memorial which is created through that specific Affiliate portal and when viewed directly through GlimpseBack.com rather than the Affiliate portal. Affiliate portals may have different content, different pricing and different products available than what appears at http://www.glimpseback.com.
DEVELOPERS
By submitting the required form in the Developers section of GlimpseBack.com, the Developer is agreeing to all of the Terms & Agreements of this site. Upon being accepted as a supplier of page designs, each Developer is given a user name and password and given access to our templates. They are also given the right to download the template to create designs and the ability to log-in to their Developer account and post their designs. Developers may not include artwork, photograph or any other materials protected by copyright, unless they own it and they are giving GlimpseBack.com and their Subscribers permission to use it.
POSTING CONTENT FOR USE BY SUBSCRIBERS
Once Subscribers have chosen your content to be posted within a memorial, the content becomes irrevocable by the Developer or the Musician.
DESIGNS BY DEVELOPERS
The Developer upload section is not available during the BETA: Developers may include their own logo and their own designs. Note: The developers logo can link to the URL of their choice outside of the GlimpseBack.com network. Developers may also include photos and artwork depicting lifestyle, religion, nationality, awareness, brand (with officially signed permission from the brand as well as GlimpseBack.com), same gender partnerships, and political in nature, however, GlimpseBack.com reserves the right to decline or remove their designs or terminate their Developer account if the design violates copyright laws or if deemed distasteful, inappropriate content.
NON-PROFITS / CHARITY ORGANIZATIONS - 501(c)3
Your non-profit organization may be included in the GlimpseBack.com network, after providing us with the required information. Once approved, your organization will be listed as a non-profit. Subscribers can choose to include a specific non-profit from the list we provide to them, assured that the non-profit is a legal 501(c)3 organization. Subscribers may also include a link to a non-profit, charity or other organization outside of the GlimpseBack.com network. Example: they may choose to link to a memorial fund which is not a 501(c)3. This is simply a service provided by GLIMPSEBACK.COM does not charge for this service, nor benefit from any contributions. 501(c)3 organizations the complete the required form and process for being approved and welcomed into the GlimpseBack.com network, must have the ability to accept donations via credit cards and/or ATM cards through on-line credit card processing - as well as the ability to include the name of the individual who inspired the donation, aka: the name of the person whose memorial directed donations through.
GLIMPSEBACK.COM IS NOT RESPONSIBLE FOR EXTERNAL LINKS OR EXTERNAL WEB SERVICES OR WEB SITES, INCLUDING THE LINKS TO NON-PROFITS, RESELLERS, ADVERTISERS, DEVELOPERS OR MUSICIANS LINKS.
ADVERTISEMENTS
Subscribers will be given the option to create memorials through Resellers: who may include one banner ad to display at the bottom of the memorial. Subscribers who purchase directly through GlimpseBack.com will be given an option to create memorial without any advertising at standard retail prices (which are subject to change without any prior notice). Subscribers who choose to allow advertising will be given a discount for their initial subscription.
SPONSORS / ADVERTISERS / BANNER ADS
Banner ads may not include any movement, sound or extreme content. Maximum one banner ad per page of each memorial. Banner ads will rotate based on each page click through the memorials that include paid advertising (with the exception of Resellers).
OTHER BUSINESSES
Parties other than GlimpseBack.com and its subsidiaries operate stores, provide services, or sell product lines on this site. For example, DooDats© offers memorial candles and other tangible products. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. GlimpseBack.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
GLIMPSEBACK.COM RESERVES THE RIGHT to delete any type of inappropriate content, link or file that is uploaded by Subscribers, Visitors, Resellers, Non Profits, Developers, Musicians, and Advertisers, without explanation or any prior written notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GLIMPSEBACK.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLIMPSEBACK.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GLIMPSEBACK.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLIMPSEBACK.COM, GLIMPSEBACK, LLC, AND INTELLIGLIMPSE, LCC, DOES NOT WARRANT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GLIMPSEBACK.COM, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GLIMPSEBACK.COM, GLIMPSEBACK, LLC, AND INTELLIGLIMPSE, LLC, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting GlimpseBack.com, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Terms & Conditions of use and any dispute of any sort that might arise between you and GlimpseBack.com, its Resellers and / or its Affiliates.
DISPUTES
Any dispute relating in any way to your visit to GlimpseBack.com or to products you purchase through GlimpseBack.com shall be submitted to confidential arbitration in Dearborn / Detroit, Michigan, except that to the extent you have in any manner violated or threatened to violate GlimpseBack.com intellectual property rights, GlimpseBack.com may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to GlimpseBack.com. We reserve the right to make changes to our site, policies, and these Agreements, Terms, and Conditions at any time, without any notification. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
GlimpseBack®, LLC
21906 Garrison St.
Dearborn, MI 48124 USA
www.glimpseback.com
VIOLATION OF TERMS AND AGREEMENTS
Violations of these Terms and Agreements will be prosecuted to the fullest extent of Michigan Law, U.S. Law and International Copyright and Patent Laws. Challenging the violations and violators may include attorneys, court and jury costs and expenses, which though hired on behalf of GlimpseBack.com, its owners, investors and affiliates. All those who have violate or challenge the "Terms and Agreements of GlimpseBack.com" after submitting an electronic signature, contract or selecting the "I agree to the Terms and Agreements of GlimpseBack.com" box indicating that full compliance and understanding of the Terms and Agreements, the violator shall be solely responsible for all damages to GlimpseBack.com, its owners, its investors, its products and business loss as well as its affiliates and its affected reseller(s) including but not limited to: monetary damages, loss of time, attorney fees, mediation expenses, court and jury costs, loss of business and further damages.
All contents of this web site are protected by US copyright, trademark registration and international patent laws.
Patent Pending 500296961A
© Copyright 2004 - 2007 IntelliGlimpse™, LLC
Registration & Trademark. All Rights Reserved.
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