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Terms & Conditions

Welcome to Glomtom.com (the “Website”). The Glomtom.com website is operated by Glomtom International LLC, a Washington limited liability company.  The term “Glomtom,” “us,” “we,” or “our” refers to Glomtom International LLC, the owner of this website.  Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Website. By viewing or otherwise using this Website, you agree you are 13 or older and agree to the Glomtom.com privacy policy and to the terms and conditions in this Notice.

We reserve the right to, in our sole discretion, change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Website and changing the “last updated” date associated with this Notice. This Notice applies exclusively to your access to, interaction with, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you might have with Glomtom for products, services, or otherwise. We encourage you to review our Notice each time you visit our site to check if it has been updated since your last visit.  All other questions or comments about the Website should be directed to contact@glomtom.com.

 

Privacy Policy – Glomtom values your user privacy. Glomtom has therefore adopted a Privacy Policy. Users of this Website hereby agree to the terms of the Privacy Policy and should refer to the Privacy Policy before providing any information.

USER REGISTRATION
(A) In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to Glomtom.com.

(B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access and use to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership information. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address contact@glomtom.com of any breach of security or unauthorized use of your Membership.

 

Policies for Users Under 13 Years of Age - We do not knowingly collect personally identifiable information from children under the age of thirteen (13).  If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at contact@glomtom.com.  A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.

 

 

I. Proprietary Rights

 

Content – Glomtom or its affiliates or licensors solely and exclusively own all rights, title and interest in all website materials, including, without limitation, the Glomtom.com logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”). 

 



II. Website Usage


Other than as expressly permitted in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials on or available through the Website. When you use the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You may display and print material from this Website solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Glomtom, is strictly prohibited.

Other prohibited uses include:

i) Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the website Content for any purpose without the express written permission of Glomtom.  Notwithstanding the foregoing, Glomtom grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

ii) You may not use, frame or utilize framing techniques to enclose any Glomtom trademark, logo, or other proprietary information, including the images found at this Website, the content of any text, or the layout/design of any page or form contained on any page of the Website, without Glomtom’s express written consent. Except as noted in these Terms of Use, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of Glomtom or any third party.

 

III.  Sales and Returns

 

When placing an online order, a credit card is required for payment.   Paypal and major credit cards are all accepted for mail order transactions. Flat rate and international shipping includes Fed Ex Ground only. Orders shipped internationally,  to PO Boxes and orders in Alaska and Hawaii will have additional shipping fees. International orders can take up to an extra week to process as we send international orders to another warehouse for a global carrier to deliver in 8-10 business days.

Glomtom is not responsible for stolen packages after confirmation of delivery. Please consult your insurance or carrier to report stolen delivery packages. 

 

Unopened or original condition items still in the original packaging may be returned for a complete refund, including shipping and handling costs, for any reason within 30 days of purchase order within the continential USA only.  Please contact contact@glomtom.com and a return form will be issued with instructions on how to return the item. No returns or refunds will be allowed for international orders outside the continental USA.  Pre-order customers have a right to request and receive a refund up to the date of fulfillment.

 

Items damaged during shipping may be returned for a refund upon approval.  Please contact contact@glomtom.com with the reason for your return.  If the return is approved, you will be issued an approval code and instructions on returning your item.

 

By placing an order, you are making an offer which Glomtom reserves the right, at its sole discretion, to accept or decline.  Orders made online by credit card are not automatically accepted upon receipt of payment.  If an order is declined, payment will be returned to the customer’s credit card.

IV. Trademarks

 


“Glomtom.com,” and other trademarks on this Website are trademarks of Glomtom or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Glomtom. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Glomtom, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Glomtom. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.  Glomtom might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Webpages, and any software part of the Website. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Webpages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

 

 

Hyperlinks – You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided  a.) such link does not portray Glomtom or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner; b.) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notices or other notices on the site; and c.) your website does not engage in illegal or pornographic activities. This limited right may be revoked in writing by Glomtom at any time.

 

 

Access and Accounts – Accounts may be created and accessed by individuals who are adults of at least 18 years of age (Adult) who have reviewed Terms and Conditions and Privacy Policy.  A valid email address from an Adult is required to register an account.  This email address is not made public and is only used upon request for a new password or request to receive certain news or notifications by email.  When registering for an account or accessing the Website, you agree to provide information which is current, accurate, and complete, and acknowledge that your account is for your own private use.  You are entirely liable and responsible for all activities conducted through your account and you are furthermore responsible for maintaining the confidentiality of your account.  DISCLOSURE OF YOUR PASSWORD CONSTITUTES A BREACH OF THESE TERMS AND CONDITIONS.  If you disclose your password, Glomtom, in our sole discretion and without any notice requirement, has the right to terminate this agreement and your account.

 

When using Glomtom.com, you agree to only use Glomtom.com in a manner that is consistent with these Terms and Conditions.

 

User Conduct – This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and photo storage and forum areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site.  You agree that you are responsible for all data charges you incur through use of the Service .  You are solely responsible for your interaction with other users of the Service, whether online or offline.  When using the Site and its forums you agree not to use the Web site to do any of the following:

 

Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;

Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

Without Glomtom’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;

Harm minors in any way; or

Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

 

You agree that Glomtom is not responsible or liable for the conduct of any user. Glomtom reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.  

 

 

Disclaimer – THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.  GLOMTOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GLOMTOM DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. GLOMTOM DOES NOT REPRESENT OR WARRANT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. 

 

Glomtom reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Glomtom.

 

Limitation of Liability – IN
NO EVENT SHALL GLOMTOM OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE OR GLOMTOM PRODUCTS, EVEN IF GLOMTOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.

 

 

Indemnification – Users agree to defend, indemnify and hold harmless Glomtom, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any Materials or Submissions you provide or provided by other Users or Glomtom products, including, but not limited to, any claim by a third party that any Materials, Submissions, or Glomtom products infringe or violate such third party’s rights or interests.

 

 

Removal and Disclosure – Glomtom reserves the right to, at our sole discretion, remove, take down, destroy or delete any Material at any time and for any reason, including, but not limited to, Material that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services (if applicable); to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

 

Applicable Law – These terms and conditions shall be governed by and construed in accordance with the laws of the state of Washington, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.

 

Termination of Use – Glomtom reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material

 

Severability – If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

 

 

ADDITIONAL TERMS.

 

CONFIDENTIALITY - All information supplied by you to Glomtom during use of the Website is subject to the Privacy Policy.

 

LIMITATION ON LIABILITY – Glomtom is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by Glomtom on account of technical problems or traffic congestion online or on the Internet or at any website, or any combination thereof including any injury or damage to any person’s computer related to or resulting from downloading any materials or subsequent use of Glomtom.com. 

 

Copyright Complaints
 (DMCA Takedown Requests) – Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: Glomtom.com

Name of Agent Designated to Receive Notification of Claimed Infringement: United States Corporation Agents, Inc.

Full Address of Designated Agent to Which Notification Should be Sent: 11820 Northup Way, Suite E200 Bellevue, WA 98005 Telephone Number of Designated Agent: 1 800.773.0888

E-Mail Address: contact@glomtom.com

To be effective, the notification must be a written communication that includes the following:

 

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Glomtom may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Glomtom may, within its sole discretion, terminate authorization of users to its Website who are repeat infringers.

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