Terms of Service

Gloebit User Agreement

Gloebit User Agreement

 

Table of contents

Terms and Conditions of Service

This User Agreement ("Agreement" or "User Agreement") is a contract between You and Gloebit LLC and applies to Your use of Gloebit and any related products and services (collectively the "Gloebit System").  This Agreement affects Your rights and You should read it and consider it carefully when choosing whether to use the Gloebit System.  We encourage You to print the Agreement or copy it to your computer's hard drive for Your reference.  For additional information about the Gloebit System and how it works, please consult Our website at www.gloebit.com.

 

By clicking "I Agree," "I Accept," or by registering for, accessing and using the Gloebit System, or by submitting payment information through the Gloebit System, or by initiating any transaction within the Gloebit System, You acknowledge that You have read, understood, and agree to be bound by the terms and conditions of this Agreement, the Gloebit Privacy Policy, and any documents incorporated by reference.  You further agree that this User Agreement forms a legally binding contract between You and Gloebit LLC and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation.  Any rights not expressly granted herein are reserved by Gloebit LLC.  This Agreement contains a binding arbitration provision, which affects your legal rights and may be enforced by the parties.

 

This Agreement may be modified by Gloebit, for any reason, without prior notice (unless prior notice is required by law), by posting the revised Agreement on the Gloebit website.  If at any time You do not agree to these terms and conditions, You must immediately cease Your use of the Gloebit System.

Definitions

The following capitalized terms shall have the indicated meanings:

  • "Gloebit LLC.," or "Gloebit" or "Us" or "We" or "Our" refers to Gloebit LLC, a company organized in California that provides, maintains and operates the Gloebit System for Gloebit Users and Gloebit Partners.
  • "Gloebit System" means software owned by Gloebit; provided to Gloebit Users and Gloebit Partners by Gloebit; or used by Gloebit in the provision of its services.
  • "Gloebit User," "User," "You," or "Your" means a natural person, corporation, or other entity that has established a User Account on the Gloebit System.
  • "Gloebit Partners" or "Partners" means natural persons or entities that Gloebit does business with in order to bring the Gloebit System to the marketplace.
  • "User Account" is the online account with Gloebit on the Gloebit System associated with a Gloebit User.
  • "Gloebit Balance" means the User Account parameter detailing the number of Gloebits a User Account possesses.  
  • "Gloebits" means valueless, digital tokens, the purchase, ownership and transfer of which are facilitated by the Gloebit System.
  • "Gloebit Payment Processors" or "Payment Processors" means entities and service providers and systems integrated with the Gloebit System to provide Users the ability to purchase Gloebits via Payment Methods.
  • "Gloebit Payment Methods" or "Payment Methods" means the methods made available for the User to pay online for products and services, such as credit cards, debit cards, or bank accounts.

General

Gloebit provides a software platform that allows You as an individual to purchase Gloebits and to transfer those Gloebits to approved Partners.

You understand and agree to these important features of Your relationship with Gloebit as a Gloebit User:

  1. Gloebits are a product sold by Gloebit.  For any and all purchases of Gloebits by the User, upon transmission of Gloebits to Your account, Gloebit has fulfilled its product requirements of the transaction and has fully-earned the proceeds of that transaction.
  2. Gloebits are valueless tokens.  Neither Gloebit nor any User or Partner within the Gloebit System has any requirement to redeem Gloebits for any real-world currency at any time.
  3. Use of Gloebits within Partner products is controlled by Partners and may change at any time.  Gloebit makes no guarantees that any product or company will become a Partner and accept Gloebits or that any current, or new, Partner will continue to accept Gloebits. 

Representation

Gloebit acts on Your behalf by maintaining records related to Your User Account and by sending information and instructions associated with Your User Account to Partners and Payment Processors. You understand and agree that:

  1. You are responsible for the accuracy and validity of all information provided to Gloebit and therefore, to any Partner or Payment Processors.
  2. Your failure to provide accurate and valid information may result in actions taken against Your User Account by Gloebit, actions taken by Partners, actions taken by Payment Processors, or other penalties or actions as detailed in this Agreement.
  3. Gloebit is not responsible for incorrect or invalid information provided by You through the Gloebit System to Partners, Payment Processors or anyone.

User Account Access Credentials

You understand and agree to take all necessary steps to protect Your User Account information including the following:

  • Your Account access credentials will be unique to Gloebit and will not be used on any other site.
  • You will keep your User Account access credentials secret and will not record them anywhere.
  • You will not share Your User Account access credentials such as Your password or any other security access controls with any other person, business or entity.
  • In the case where any other person, business, or entity may have gained access to your credentials, You will immediately update Your credentials and will examine Your Account for and immediately report any fraudulent transactions.  You are responsible for all activity on Your User Account.

Gloebit will never ask for Your password. You agree Gloebit carries no liability for losses or problems that may arise due to Your sharing of Your User Account access credentials or any other private information with other people, businesses, or entities.

User Conduct

You understand and agree that you will not engage in the following activities:

  • Transfer or sale of a User Account to anyone who is not the owner and creator of said User Account.
  • Purchase or sale of Gloebits outside of the purview, control, and systems provided by and approved by Gloebit.
  • Any attempt to access a User Account which is not your own.
  • Any attempt to hide or alter the location from which You are connecting to the Gloebit System in any way which could affect regulations or controls put in place by Gloebit, any Gloebit Partner, Payment Processor, or any governmental agency or regulatory body.
  • Association of Your User Account or the use or attempted funding of Your User Account with any Payment Method which is not Your property or to which You do not have the legal right to use for such purpose.
  • Any attempt or involvement in an attempt to hack, disrupt or hinder any service provided by Gloebit, any Gloebit User or any Gloebit Partner.
  • Any attempt or involvement in an attempt to defraud Gloebit, any Gloebit User or any Gloebit Partner.
  • Any attempt or involvement in an attempt to adjust Your or any User's Gloebit balance in any way not provided by and clearly intended by Gloebit.
  • Act as a marketplace and/or exchange for Gloebits.
  • Use the Gloebit System in association with or for payment of illegal goods or services, including, but not limited to, illegal substances, illegal online gambling/ wagering, pyramid schemes, or any type of money laundering.
  • Falsify or attempt to falsify Your identity, such as by providing false account information or false documents.
  • Attempt to negatively impact the experience of or harass any Gloebit User, any person associated with any Gloebit Partner, or any person associated with Gloebit through any means whether within the confines of services provided by the Gloebit System and Gloebit Partners or otherwise.

You understand and agree that:

  • You will treat other Gloebit Users, anyone associated with Gloebit and anyone associated with any Gloebit Partner with respect and courtesy.
  • You will secure Your Gloebit User Account to the best of Your ability, including, but not limited to, following all of the guidelines stated in the User Account Access Credentials section of this Agreement.
  • You will maintain accurate and up to date billing/payment information in Your User Account.  If a payment fails, You will make Your best effort to update and fix any payment information as soon as possible.
  • You will provide information requested to determine Your identity as and when determined necessary by Gloebit.  Gloebit may request identity information as the Gloebit System changes, as the User requests additional functionality within the Gloebit System, as payment providers impose such requirements, or as governmental agencies determine necessary.
  • In the case where Gloebit requests identity information, You authorize Gloebit, directly or through third parties, to make inquiries it considers necessary to validate Your identity, such as requesting additional information to validate Your financial institution account ownership, identity, and transaction authorization.

Actions Against Your User Account due to Non-Compliance with This Agreement or Security Concerns

You understand and agree that You may not be able to access Gloebits, Information, funds, or any other assets held in Your Gloebit User Account or any associated accounts held with Gloebit Partners if Your User Account is closed, suspended, has a hold placed on it, or is otherwise limited, as detailed in this section.

You understand and agree that Gloebit is not responsible for any losses or liability resulting from actions taken against Your User Account as detailed in this section.

You understand and agree that the decision by Gloebit to take certain actions, including placing holds on or limiting access to Your User Account as detailed below, may be based on confidential criteria that are essential to risk management or security concerns. You understand and agree that neither Gloebit nor any Gloebit Partner nor any third party service which Gloebit makes use of, nor any Payment Processor is under any obligation to disclose the details of its risk management or its security procedures to You.

You understand and agree that Gloebit is authorized, pursuant to general parameters of conduct established by Gloebit, to take the following actions due to User misconduct or Security Concerns as detailed in this section:

  • Place a Hold on Your User Account for Up to ninety (90) days:
  • Temporarily or Permanently Suspend or otherwise Limit Your Access to Your User Account:
  • Contact Partners from whom you have purchased goods or services or which is associated with your Gloebit account, contact Users who have purchased goods or services from You, contact Your bank, credit card issuer or any Payment Processor or institution associated with a Payment Method linked to or used by Our account, and/or warn other Users, law enforcement, or impacted third parties of Your actions; or
  • Take legal action against You.

If Gloebit, acting in accordance with the general parameters of conduct established by Gloebit, Gloebit Partners, third parties providing services to Gloebit, and Payment Processors, takes an action against Your User Account, including: placing a hold on, suspending or otherwise limiting Your access to, or terminating Your User Account, We will provide You with notice that such action has been taken against Your User Account. Gloebit may also provide the opportunity to request restoration of access if it is deemed appropriate by Gloebit acting in accordance with the general parameters of conduct established by Gloebit, Gloebit Partners, third parties providing services to Gloebit, and Payment Processors.

User Misconduct or Security Concerns that may result in any of the above listed actions, as applicable, include:

  • Your Non-compliance with this Agreement, including attempting to use the Gloebit system for illegal purposes or attempting to falsify Your identity or provide false information;
  • Inability of Gloebit to acquire sufficient information to verify Your identity if and when identity verification is deemed necessary;
  • A determination by Gloebit, pursuant to general parameters of conduct established by Gloebit, that a Hold on Your User Account is reasonably needed to protect against the risk of liability; or
  • A determination by Gloebit, pursuant to general parameters of conduct established by Gloebit, Gloebit Partners, third parties providing services to Gloebit, and Payment Processors that there may be a high level of risk associated with You, Your User Account, or other Gloebit users or Partners who have transacted with You or Your User Account.

Gloebit Purchases, Payment Failures, Reversals and Chargebacks

Gloebit attempts to make Gloebits purchased by You available in Your User Account as soon as a purchase transaction is executed.  This is not always possible and You agree:

  • There may be a delay between execution of purchase or payment and delivery of Gloebits to Your User Account.
  • Gloebits in or delivered to Your account may be placed in a hold preventing their use until various levels of required payment verification or reduced risk of reversal are achieved.
  • Gloebits in Your account may be colored as to payment verification state or risk of reversal and Gloebit Partners may choose not to accept Gloebits until they reach the state of verification of their choosing.

 

Given that Gloebits may be delivered while risk of payment failure or reversal exists, in the case where a payment reversal, failure, or any other action which affects payment for said Gloebits occurs, You agree to the following:

  • The amount of Gloebits acquired via the transaction in question or "Reversal Amount" may be removed from your User Account Gloebit Balance, or may be placed on hold within Your User Account Gloebit Balance.
  • Gloebit may, but is not required to, contact You and allow You to fix a payment error.
  • Gloebit may attempt to re-process a failed or reversed payment via the same or any other Payment Method associated with Your User Account.
  • The risk level associated with Your User Account may be modified.
  • The risk level associated with any transactions made by You and with any Gloebits in Your User Account may be modified.
  • If Your User Account Gloebit Balance does not contain enough Gloebits to recoup the Reversal Amount, then
    • Gloebit may reverse transfers of Gloebits made from You to other Users or Partners until the Reversal Amount has been recouped.  This may affect Your account standing with said Users and Partners, reputation, or any assets acquired from such transfers.  You will not hold Gloebit liable for any damages from such reversals.
    • Gloebit may suspend Your User Account and require You to take immediate action to acquire enough Gloebits to cover the Reversal Amount.

 

Given that, due to payment failures, reversals and chargebacks, Gloebit may incur fees, fines, penalties, increased transaction fees and other punishments that hinder the ability of Gloebit to provide service to its Users, You agree to the following:

  • Gloebit may place a temporary hold on Your User Account.
  • Gloebit may temporarily or permanently suspend access to Your User Account.
  • Gloebit may investigate You or Your Account for fraud, including contesting a payment failure, reversal or chargeback.  You will not hold Gloebit liable for any damages due to such investigation.
  • Gloebit may take any action necessary, including collection efforts, to attempt to recoup the Reversal Amount as well as any damages from the User or User Account.
  • You will not hold Gloebit liable for any damages due to actions taken in response to a payment failure, reversal or chargeback.

Right of Recipients to Refuse Gloebits

When You send Gloebits to a recipient upon their direction through Gloebit, that recipient is not required to accept the Gloebits. The recipient is free to return the Gloebits or, in some cases, to use the Gloebit system to reject or deny transactions for Gloebits that You have sent. You understand that Gloebit will not be liable for any damages resulting from a recipient's decision not to accept a transaction made through Gloebit. Any disputes You may have related to a refusal by a recipient should be handled directly between You and the recipient. Any transactions through Gloebit that are declined by a recipient will be returned to to You.

Error Resolution

In case of errors or questions about Your Gloebit purchases or transactions, email us at inquiry@gloebit.com.

You should contact us as soon as possible if You think Your account statement is wrong or if You need more information about a transaction listed on the account statement. We must hear from You no later than sixty (60) days after the transaction was first available for You to access on the Gloebit System in which the problem or error appeared.

  • Tell Us Your name and account number (if any).
  • Provide additional contact information, including a phone number at which You can be reached.
  • Provide the transaction number(s) and date(s) of the transaction(s) in question.
  • Describe the error or the transaction You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information.

We will determine whether an error occurred and will correct any error promptly. We will tell You the results after completing Our investigation. If We decide that there was no error, We will provide You a written explanation.

 

For potential errors regarding purchase of Gloebits and payment processing, You agree that You will contact Us regarding any potential errors and will provide Us reasonable time to investigate and resolve any potential errors prior to contacting any Payment Processors or entities related to the Payment Method associated with the transaction in question. 

 

For potential errors regarding Gloebit transactions with other Users or Partners, You agree that You will attempt to resolve any potential error with the other party to Your transaction by filing an inquiry via Our dispute resolution system.  If You and the other party to Your transaction fail to resolve the issue, this will be escalated to Us for review, investigation, and resolution.

Debt

You agree in the event You have unpaid debts or bills with Users or Partners within the Gloebit System, other Users or Partners may use documentation within the Gloebit System in collection of that debt. This includes, but is not limited to, unpaid invoices or unfulfilled contractual agreements. You agree Gloebit will not be held liable for any losses or debts incurred during Your experience with other Gloebit Users and Partners.

Logging

You agree that Gloebit, for security, legal and performance purposes, shall record information and transaction information. This includes, but is not limited to, Your operating system, IP address, browser user-agent, usage statistics, and transaction frequency. This information can be vital for not only security, but ensuring Our products are fulfilling their intended purposes.

 

You agree Gloebit may communicate usage information to Your Financial Institution, Payment Processors, or any service providers to that Financial Institution or those Payment Processors.

System Maintenance and Updates

Gloebit may, from time to time, perform maintenance on its systems and/or update its systems. Such maintenance and updates may result in temporary unavailability of the Gloebit System and temporary inability to access Your User Account and Your Gloebits. You agree to relieve Gloebit from any liability or losses that may be associated of such maintenance or updates.

Inactive Account Termination

If You do not log into Your account for a period of at least two (2) years, Gloebit reserves the right to terminate Your User Account and all information and assets associated with Your User Account, including Your Gloebit Balance.  You Agree that You will not hold Gloebit liable for any losses or damages suffered because Gloebit has terminated Your account due to such period of inactivity.

Warranty

Services provided by Gloebit are only as represented in this User Agreement. no other warranties are expressed or implied.

No Endorsement or Guarantee

You understand and agree that Gloebit is software platform that manages information associated with Gloebit User Accounts, and Gloebit does not provide any endorsements or guarantees for any individual, company, or other entity using the Gloebit System, and does not assume any liability for products or services purchased using Gloebit software.

Third Party API use

Third party use of Gloebit APIs and services:

You agree Gloebit will not be responsible and makes no guarantees or warranties regarding the reliability, use, or misuse of any API provided by Gloebit.

 

Gloebit use of third party APIs and services:

You agree Gloebit will not be responsible and makes no guarantees or warranties regarding the reliability of any third party API used, integrated or provided by Gloebit.  Further, You understand that Gloebit is not supported, endorsed, or certified by any third party unless stated directly otherwise in writing.  As required by the terms of service of Dwolla, one such third-party service, We clearly state: "Gloebit is not directly supported by Dwolla Corp.  Dwolla Corp. makes no claims about Gloebit.  Gloebit is not endorsed or certified by Dwolla Corp".

Force Majeure

You understand and agree Gloebit will not be held responsible for losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond the control of Gloebit (a "Force Majeure Event"). In the event of a Force Majeure Event, Gloebit may suspend service and access to the Gloebit System

Assignability

You may not transfer any rights or obligations You may have under this Agreement without the prior written consent of Gloebit.  Gloebit reserves the right to transfer this Agreement or any right or obligation under this Agreement without Your consent.

Consent to Electronic Transactions and Disclosures

Because Gloebit operates only on the Internet, it is necessary for You to consent to transact business with Us exclusively online and electronically. Therefore, as part of doing business with Us, You must consent to Our giving You certain disclosures electronically, either on Our website or to the email address You provide to Us. By agreeing to this User Agreement, You agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to Your User Account. The decision to do business with Us electronically is Yours. This document informs You of Your rights concerning Disclosures.

 

Consenting to Do Business Electronically: Before You decide to do business electronically with Gloebit, You should consider whether You have the required hardware and software described below.

Hardware and Software Requirements: In order to access and retain disclosures electronically, You must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Netscape Navigator 6.0 or above, or the equivalent software; and hardware capable of running this software.

Withdrawing Consent: You may withdraw Your consent to receive Disclosures electronically by contacting Us at the address below. However, once You have withdrawn Your consent, You may not continue to use the Gloebit System, and You will be required to close Your User Account.

 

How to Contact Us regarding Electronic Disclosures: You can contact Us via email at disclosures@gloebit.com.

 

You agree to keep Us informed of any change in Your email address so that You can continue to receive all Disclosures in a timely fashion. If Your registered email address changes, You must notify Us of the change.  We suggest that You print a copy of this Agreement for your records.

Choice of Law

This Agreement is governed by and interpreted under the laws of the state of California, USA as such laws are applied to agreements entered into and to be performed entirely within California by California residents.

Arbitration

Any controversy or claim arising out of, relating to, or in connection with this Agreement, the breach thereof, or any representations by the parties relating thereto, including without limitation the arbitrability of such controversy or claim, will be settled by arbitration in San Francisco, California, in accordance with the then-prevailing Rules of Commercial Arbitration of the American Arbitration Association, subject to the modifications in this Section entitled Arbitration.  Any judgment on the awards granted by the arbitrator may be entered in any court having competent jurisdiction thereon.  Any such arbitration will be held before a single arbitrator.  Unless otherwise agreed by the parties in writing, the arbitrator will only permit limited discovery: specifically, discovery will be limited to document discovery completed within thirty (30) days after the arbitrator issues the scheduling order; no deposition discovery will be permitted, and no forensic examination of electronic records will be permitted.  The parties may agree to waive the arbitration hearing, and have the arbitrator decide the controversy or claim summarily based upon written pleadings and sworn statements.  If the parties agree to waive the arbitration hearing, such agreement will be in writing.  Unless otherwise agreed by the parties in writing, any final arbitration hearing will occur within ninety (90) days of submitting party's submission of the demand for arbitration, and unless the parties agree otherwise in writing, the hearing will not exceed three (3) days.  The arbitrator will issue any ruling within fourteen (14) days following the hearing.  The arbitrator will be chosen from American Arbitration Association arbitrators knowledgeable in the law surrounding the information technology industry.

Termination

Gloebit, in its sole discretion, reserves the right to terminate this Agreement, access to Our website, or access to the Gloebit System for any reason and at any time upon notice to You.

Privacy Policy

You can find Our Privacy Policy here.

 

Last Revised: May 2014

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