TERMS & CONDITIONS OF THE USE OF GLODIGIT
Welcome to Glodigit.com, the all-sourcing digital marketplace where you serve and get served locally and globally.
Glodigit offers an innovative and borderless all-sourcing marketplace for trading in services, digital assets, skills/talents, and expertise, all that can be offered visually and in person, without a real-time delivery or shipping. Glodigit is the right choice for you; if you are or you are looking for are a company, a web guru, a freelancer, a lawyer, an artist, a footballer, a cleaner, a pet-sitter, and even a surrogate mother.
These terms and conditions and user agreement (collectively, the “Agreement”) constitute a legally binding agreement between Web & Cloud LLC, a Miami corporation (“Web & Cloud” or “we” or “us”) and you (or “you” or “your”) and govern your use of Glodigit.com (“Site”), the Glodigit platform, and all services provided in connection with the site and platform (collectively, the “Platform”). The Platform intends to provide marketplace capabilities that allow for buying and selling of certain electronic goods (the “Digital Products & Services” and also on-site service (the “on-site”) to third party users of the Platform (either sellers or buyers, as the case may be; collectively, the “Users”).
Please read this Agreement carefully:
2. You are of legal age to form a binding contract with Web & Cloud
3. You have the authority to enter into this Agreement as yourself and to bind this Agreement. If you do not agree with the terms of this Agreement, please do not use the Platform any further.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on or through this platform. Except as stated elsewhere or as required by law, court order, or otherwise (in which case, all amended terms shall be effective immediately and your continued use of the Platform signifies and will be deemed your assent to and acceptance of the revised Agreement), all amended terms shall automatically be effective thirty (30) days after they are initially posted. When Glodigit amends this Agreement, Glodigit will make reasonable efforts to provide you with general, not specific, notice of such changes by posting an announcement at on its site, and/or notifying you through electronic mail/delivery. Such announcement shall be maintained for no less than thirty (30) days following the effective date of such amendment. If you do not agree with the amended terms and, accordingly, the Agreement, please do not use the Platform any further. Nonetheless, we suggest that you regularly check this site to view the then-current Agreement. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
Glodigit grants you, and you accept a non-exclusive, personal, non-transferable limited license to access and use the Platform, subject to your full compliance with the terms and conditions of this Agreement.
Glodigit Platform may require you to create a Glodigit account (the “Account”). In establishing an Account, you agree to provide only true, accurate, current and complete information about yourself and to update such information as necessary to maintain its truth and accuracy. Creating of an account on Glodigit is free of cost.
Furthermore, you hereby represent and warrant that you (i) may be held liable by and to Glodigit for any misrepresentation made by you in connection with your registration for and use of the Account; (ii) may be held liable by and to the Principal; and (iii) may be held liable by law enforcement, governmental authority or court order. You agreement to indemnify, defend, and hold harmless Glodigit for any breach of the representations, warranties, and covenants contained in this this Agreement.
Upon creation of an Account, Glodigit will provide you access to the Glodigit Platform. The Glodigit Shop service allows sellers for marketing, promotion, market or advertisement their Digital Products. This service also enables sellers to sell, distribute or provide("Deliver") such as Digital Products to a buyer.
The purpose of this section is to highlight some of the more important taxation issues that you will need to consider if you are using our platform. You agree to be solely responsible and liable for the proper administration, imposition, collection, reporting, and remitting of all applicable taxes. We emphasize that this information is not intended and should not be used as legal advice. If you are unsure as to your tax responsibilities then you should seek advice from experts on this subject.
It is your personal responsibility to disclose your earnings to your relevant tax authority and you must ensure that you are paying the correct amount of tax. This is particularly relevant for users who are operating as a business.
Conversion: Glodigit will calculate and render a converted exchange rate in United States Dollar (USD), regardless of whether you listed the Retail Price of your Digital Product in a currency other than USD. All transactions, regardless of Digital Product, or listed currency will settle in USD, and, accordingly, your Balance will be denominated and redeemable only in USD. Glodigit cannot and does not guarantee the accuracy of the exchange rates displayed due to the fluctuating nature of market rates. Accordingly, Glodigit recommends that you confirm current rates before engaging in any transactions on the Platform.
When you use the Platform, you assent that:
AVAILABILITY OF SERVICES, SUSPENSION AND TERMINATION
Subject to the terms and conditions of this Agreement and Glodigit's policies and procedures, Glodigit shall use commercially reasonable efforts to provide the Platform in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time, the Platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the reasonable control of Glodigit or that are reasonably unforeseeable by Glodigit, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Glodigit is not liable for interruptions to the availability of the Platform and further acknowledge that Glodigit does not guarantee access to the Platform on a continuous and uninterrupted basis.
Glodigit may decline, remove or halt sales of any Digital Product, suspend or terminate an Account, and/or suspend or terminate the Platform at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.
Glodigit, in its sole discretion, may suspend or terminate your Account(s), or retain any or all funds in your Balance, if Glodigit suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Glodigit at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event you breach any term of this Agreement, or your Account becomes dormant and/or has a negative Balance, Glodigit will have the right to immediately suspend or terminate your Account and your rights to access, use and/or otherwise participate in the Platform. Upon such termination, you agree to immediately cease all use of the Platform. Without limiting the foregoing, Glodigit shall have the right to immediately terminate your access and use of the Platform, or any portion thereof, in the event of any conduct that Glodigit, in its sole discretion, considers unacceptable. Following suspension or termination of an Account or retaining of funds pursuant to this Section, Glodigit will review your Account in a manner determined by Glodigit in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, you agree that Glodigit may retain funds in your Glodigit Account as liquidated damages and/or for the benefit of Glodigit or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (i) are not a penalty, and (ii) are reasonable and not disproportionate to such presumed damages to Glodigit.
Glodigit is a trademark of Web & Cloud LLC, a US tech-enabled firm, specialized in consulting, mentoring, strategy and implementation in the field of tech biz, high-tech, cloud-tech, fin-tech, business negotiation & globalization since 2003. Glodigit shall be and remain the sole owner of all right, title and interest in and to the Platform (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by Glodigit, and you hereby assign to Glodigit all right, title and interest you may be deemed to have therein. Accordingly, any use of the IP Right of Glodigit shall inure to the exclusive benefit of Glodigit. All rights not specifically granted to you under this Agreement are expressly reserved by Glodigit.
It is your sole responsibility to obtain and maintain all applicable consents, licenses and permits required for the operation of your services.
In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (each, a “Claim”) in connection with your use of the Platform, including without limitation your activities to Promote and/or Deliver Digital Products, you shall defend, indemnify and hold harmless Glodigit, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (each, a “Glodigit Party”; and collectively, the “Glodigit Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, litigation, and reasonable attorneys' fees and costs) (“Losses”) incurred by any Glodigit Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
Upon receiving notice of a Claim for which Glodigit is entitled to indemnification by you, Glodigit shall provide you with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by Glodigit will require Glodigit's prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (iii) Glodigit may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at Glodigit's own expense, unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you shall pay all expenses related to Glodigit's use of such counsel.
In no event shall any Glodigit party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a) use of or inability to use the platform, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the platform, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the platform, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform, whether or not Glodigit is advised of the possibility of such damages. Notwithstanding anything herein to the contrary, the maximum cumulative and aggregate liability of Glodigit for all costs, losses or damages from claims arising under or related in any way to this agreement, whether in contract, tort or otherwise, shall not exceed an amount equal to the total amounts due and payable by Glodigit to you under this agreement for the month immediately preceding the date upon which such damages accrue. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The platform, and any services or information offered through or in association with the platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Glodigit shall be limited to the fullest extent permitted by such jurisdiction.
Glodigit does not endorse, approve, or certify any information provided on or through the Platform, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the Platform may or may not be current as of the date of your access, and Glodigit has no duty to update and maintain such information. Additionally, the information provided on or through the Platform may be changed periodically without prior notice. All content provided on or through the Platform is provided "AS IS." Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. If you have a dispute with one or more users, including any users that has buyd items from you as a Buyer or any user from whom you have buyd a Digital Product, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT GLODIGIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM.
GLODIGIT MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
If a dispute arises between you and Glodigit, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Glodigit agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly by email at email@example.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Glodigit must be resolved exclusively by a state or federal court located in Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Florida for the purpose of litigating all such claims or disputes.
15. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE (DMCA)
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify Glodigit’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following address:
Only DMCA notices mailed to the address above or emailed to firstname.lastname@example.org will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, Glodigit may remove the content identified as being infringing. In addition, Glodigit may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.
16. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Glodigit may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Glodigit. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
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