Terms of Services   

WELCOME. This Website is owned and provided by Glimmer Apps.

Please read carefully these Website Terms of Use and the Privacy Policy (referred to collectively as “Terms of Use”).  If You proceed to use this site and use our application development services (“Services”) You are agreeing to abide by the terms and conditions outlined herein. These Terms of Use govern users of the Services and visitors to this site.

These Terms of Use govern how we handle Your information and outline our obligations to You when using our website located at www.GlimmerApps.com and its directly associated domains (collectively, "Glimmer Apps,” or "Website") for the purpose of submitting Your applications for publication on the Apple Apps Store (hereinafter, “Your Materials”).

Glimmer Apps Inc. (“Glimmer Apps” or “we”) reserves the right to make additions, deletions, or modifications to the information found at the site at any time without prior notification.

BY USING OR ACCESSING THIS GLIMMER APPS WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE.

No Guarantee or Warranty

While we at Glimmer Apps have endeavored to make sure that the information contained in this website is accurate, Glimmer Apps can make no guarantee as to the accuracy or completeness of such information. This site is provided "AS IS". Glimmer Apps MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION. GLIMMER APPS SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM USER’S ACCESS OR INABILITY TO ACCESS THIS SITE, OR FROM RELIANCE UPON ANY INFORMATION CONTAINED IN THIS SITE.  ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVERS MAKING THE SITE AVAILABLE ARE VIRUS FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, GLIMMER APPS AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OR INABILITY TO USE THE PORTION OF THE GLIMMER APPS WEBSITE OFFERED OUTSIDE OF THE SERVICE,(II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE GLIMMER APPS WEBSITE OFFERED OUTSIDE OF THE SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE GLIMMER APPS WEBSITE OFFERED OUTSIDE OF THE SERVICE,(IV)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE GLIMMER APPS WEBSITE, INFORMATION PROVIDED THROUGH THE GLIMMER APPS WEBSITE OR THE PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE PORTION OF THE GLIMMER APPS WEBSITE OFFERED OUTSIDE OF THE SERVICE, EVEN IF GLIMMER APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.   IN THIS RESPECT, THE MAXIMUM LIABILITY FOR DAMAGES OF GLIMMER APPS SHALL BE LIMITED TO ANY FEES PAID BY YOU TO GLIMMER APPS IN CONNECTION WITH YOUR CLAIM OR ONE HUNDRED US DOLLARS ($100.00) , WHICHEVER IS LESS.

Indemnification

You agree to indemnify and hold Glimmer Apps and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the GlimmerApps.com, Your use of GlimmerApps.com, Your connection to GlimmerApps.com, Your violation of these Terms of Use, or Your violation of any rights of another.

Availability

Glimmer Apps uses reasonable efforts to make the Glimmer Apps website available 24 hours a day and seven days a week; however, there will be instances when the Glimmer Apps website will be interrupted for maintenance, upgrades or emergency repairs and due to other reasons that are beyond the control of Glimmer Apps, including failure of telecommunications lines, links and equipment. While Glimmer Apps will make every reasonable effort in order to minimize such issues where it is within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, You agree that Glimmer Apps will not in any way be liable or responsible to You for any such modification, suspension or disruption of the Glimmer Apps website.

Third-Party Links

This Glimmer Apps website may from time to time provide links that will take You to other third-party websites. Any such links are provided solely as a convenience to visitors or members. Glimmer Apps has no control over these websites or their content and does not assume any responsibility or liability for these websites or their content. Glimmer Apps does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If You access any of the third-party websites linked on this Glimmer Apps Website, You do so at Your own risk and You agree that Glimmer Apps shall not be liable for any loss or damage that You may suffer by using any of these other websites.

Third-Party Materials on the Glimmer Apps Website

This Glimmer Apps Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to our visitors and members. Glimmer Apps has not tested or evaluated these materials and does not endorse or make any representations about these materials or Your use thereof. If You use any of these third-party materials or any third-party products or services referenced in these materials, You do so at Your own risk. In no event shall Glimmer Apps be liable for any loss, claim, damages, or costs that may arise in connection with Your use of these third-party materials.

Inaccurate Material on the Glimmer Apps Website

A possibility exists that the Glimmer Apps Website or any Glimmer Apps content could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Glimmer Apps website by unauthorized third-parties. Although Glimmer Apps attempts to ensure the integrity of the Glimmer Apps website it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Glimmer Apps website or any of the Glimmer Apps content on the Glimmer Apps Website. In the event that such an inaccuracy arises, please inform us so that it may be corrected.

Trademarks

The name "Glimmer Apps," “Glimmer” and the "Glimmer Apps" logo are trademarks of Glimmer Apps in the United States.  All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use Glimmer Apps’s name, logos, trademarks or other intellectual property displayed on this Glimmer Apps website except as expressly provided herein or by obtaining the written permission of Glimmer Apps or such other third party owner, as applicable. You acknowledge that Glimmer Apps will aggressively enforce its intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Ownership

You acknowledge and agree that Glimmer Apps shall not acquire any ownership interest in or to any of Your Materials and all title, risk of loss, responsibility for, and control over Your Materials shall, at all times, remain with You. Glimmer Apps may not use any of Your Materials for any purpose, or in any manner, except as specifically authorized in these Terms of Use.

Content Restrictions

You represent and warrant that: (a) You have the right to enter into this agreement, to reproduce and distribute Your Materials; (b) none of Your Materials violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity; (c) Your Materials are authorized for distribution and sale; (d) Your Materials do not contain any obscene, offensive or other materials that are prohibited or restricted under the laws or regulations of the United States.  Furthermore, You agree that Glimmer Apps may refuse to provide services based solely on Your content and may request that Your Materials be altered or modified in order to meet commonly accepted decency standards.  You agree that Your Materials shall not contain any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.    

Refund Policy

In the event Your Material is rejected by Glimmer Apps based solely on unacceptable content, Glimmer Apps shall refund all fees paid by You within 30 days upon written request to receive such refund.  After 30 days, You agree to waive all rights to any such refund based on the fact that Your Materials were rejected by Glimmer Apps.

Marketing

You agree to permit Glimmer Apps to use (i) screen shots and/or up to 30 second excerpts of Your Materials; (ii) trademarks and logos associated with Your Materials; and (iii) information, collateral and images referring to Your Materials, for promotional purposes in marketing materials.   

Copyrights

You acknowledge that, in the event of any third party claim that Your Materials, or any portion thereof, 

infringes that third party’s intellectual property rights, You, not Glimmer Apps, will be solely responsible

for the investigation, defense, settlement and discharge of any such intellectual property infringement

claim.

Privacy

Please review the Glimmer Apps "Privacy Policy" below. The terms of the Privacy Policy are incorporated into, and considered part of, these Terms of Use.

Governing Law, Jurisdiction and Arbitration

This agreement between Glimmer Apps and its users will be governed and interpreted under the laws of the state of Delaware. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out any Glimmer Apps service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Any legal controversy or legal claim arising out of or relating to these Terms of Use or Glimmer Apps.com, excluding legal action taken by Glimmer Apps to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in a venue selected by Glimmer Apps, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Agreeing to Terms

If You do not agree to these Terms of Use please do not use this Website or any services offered by this site. We reserve the right to make changes in these Terms of Use. Please check back from time to time to ensure You are aware of any updates or changes in this policy. Your use of our site indicates acceptance of these terms and conditions.