Terms and Conditions
Updated August 11, 2017
IN ORDER TO REGISTER OR PARTICIPATE AS A GLOCALLY INFLUENCER, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, ARE COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, REPRESENTATIONS, WARRANTIES, OBLIGATIONS, AND AFFIRMATIONS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT YOU WILL ABIDE BY AND COMPLY WITH THESE TERMS AND CONDITIONS AT ALL TIMES. YOU REPRESENT AND WARRANT THAT YOU ARE NOT A PERSON BARRED FROM RECEIVING SERVICES PROVIDED BY GLOCALLY UNDER THE LAWS OF THE UNITED STATES OF AMERICA OR OTHER APPLICABLE JURISDICTION.
THE SITE, AND ITS RELATED SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD OR DO NOT AGREE TO THIS AGREEMENT, YOU ARE PROHIBITED FROM REGISTERING TO BE A GLOCALLY INFLUENCER OR PARTICIPATING ON THE GLOCALLY SOCIAL MEDIA PLATFORM IN ANY WAY.
2.) BEFORE APPLYING TO BECOME INFLUENCER
Please read the Terms and Conditions carefully prior to applying to become a Glocally Influencer. This Agreement governs your access to and use of the Services, and constitutes a binding legal Agreement between you and Glocally.
YOU ACKNOWLEDGE AND AGREE THAT, BY SIGNING THIS DOCUMENT, CLICKING “I ACCEPT,” APPLYING TO BECOME A GLOCALLY INFLUENCER, OR ANY OTHER CONDUCT INDICATING YOU ACCEPT THESE TERMS AND CONDITIONS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE ON THE DATE ANY OF THE EARLIEST ABOVE EVENTS OCCURS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO APPLY TO BECOME A GLOCALLY INFLUENCER OR PARTICIPATE IN ANY OF THE SERVICES PROVIDED BY GLOCALLY. IF YOU ACCEPT OR AGREE TO THIS AGREEMENT ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON, COMPANY OR OTHER LEGAL ENTITY TO THIS AGREEMENT AND, IN SUCH EVENT, “GLOCALLY INFLUENCER,” "PUBLISHER", "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT PERSON, COMPANY, OR OTHER LEGAL ENTITY.
GLOCALLY RESERVES THE RIGHT TO REJECT YOUR APPLICATION TO BE A GLOCALLY INFLUENCER, IN ITS SOLE AND ABSOLUTE DISCRETION FOR ANY REASON OR NO REASON. IF YOUR APPLICATION TO BE A GLOCALLY INFLUENCER IS REJECTED, THIS AGREEMENT SHALL IMMEDIATELY BECOME NULL AND VOID.
where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
to verify the condition and existence of your Glocally Influencer account for a third party, such as a credit bureau or merchant;
to persons authorized by law in the course of their official duties;
to a consumer reporting agency as defined by applicable law;
to comply with a government agency or court order, such as a lawful subpoena;
to Glocally employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
if you give Glocally written permission (including by email).
4. RULES OF BEHAVIOR
If you are approved by Glocally, in its sole and absolute discretion, to be a Glocally Influencer, Glocally will provide you with instructions for each campaign sponsored by our Clients (“Campaign”). If you are approved to be a Glocally Influencer, the following rules govern your conduct as a Glocally Influencer. Glocally considers any violation of this Section 4 to be a material breach of these Terms and Conditions, and without limiting any legal remedies available to Glocally, your account may be immediately suspended or terminated without notice to you.
A. REQUIRED CONDUCT
You represent, warrant, and covenant you will do each of the following:
i) For EVERY posts you make on Social Media in connection with any Campaign, you must clearly and conspicuously disclose the financial connection between you and the advertiser, regardless if you were paid with money, prizes, free samples, etc. For example, assuming space is not an issue, you could write “Client paid me to talk about this product.” If space is an issue, you could use hashtags such as #advertise, #sponsorship, or #paidcampaign.
ii) For any Glocally Campaign which requires posts to be made on the Facebook platform, each post will be made on public pages only, unless otherwise expressly specified on the IO.
iii) For EVERY post in connection with a Glocally Campaign, you will provide a screenshot to Glocally immediately upon request.
iv) Comply with each Campaign requirement, including but not limited to, publishing additional hashtags (other than as required in subsection i above), and/or location tags, as specified in the Campaign instructions.
v) Ensure that any comments or testimonials you make on Social Media reflect ONLY your honest opinions, beliefs, findings, or experience as required by the FTC. There is no Glocally requirement that you ever post or comment on any Campaign products, services, and/or content.
vi) Comply with all trademark, trade secret, copyright, and other applicable laws. This means you will only post content you own, or are validly licensed to use for the purposes set forth on each Glocally IO.
vii) Ensure that at all times during this Agreement, you fully comply with the terms and conditions and privacy policies of each approved Social Media platform in any Campaign offered by Glocally.
viii) Comply with all FTC Guidelines, including, but not limited to, the FTC Guidelines Concerning the use of Endorsements and Testimonials in Advertising and .com Disclosures How to Make Effective Disclosures in Digital Advertising.
ix) Only participate in a Campaign if you actually have experience using the product or services of the Campaign, and any post you make on Social Media in connection with the campaign, honestly reflects your experience.
B. INFLUENCER PROHIBITED CONDUCT
You represent and warrant you will not, and will not authorize any third party or entity to do any of the following:
i) Promote any Glocally Campaigns without first having written authorization to do so by Glocally, and only on preapproved Social Media pages in an IO. This includes not offering or soliciting our Client’s products, services, and/or content without Glocally’s prior written approval. Posting any Glocally Campaigns on Social Media pages that have not first been reviewed and approved by Social Media is strictly prohibited.
ii) Publish any links provided by Glocally and/or Client on Social Media that alters the accompanying image selected by Clients to go with the article, and/or alter the content/article in any way whatsoever.
iii) Publish any links provided by Glocally and/or Client on any Social Media comment boxes that are directly related to any video, photograph, and/or article.
iv) Publish statements or other content, express or implied, on Social Media or to any person that are defamatory, obscene, discriminatory, harassing, have an abusive purpose, or damage or cause risk to Glocally’s or any of our Clients’ reputations.
v) Disclose any confidential information of Glocally or Client on any Social Media or any other person, which includes, but is not limited to, trade secrets, business plans, strategies, methods and/or practices or other information that is not generally known to the public, including information about the Party’s personnel, products, customers, financial information, marketing and pricing strategies, services or future business plans, analyses, compilations, studies, notes or other materials prepared which contain or are based on confidential information.
vi) Make any false, dishonest, and/or misleading statements or claims about a Client’s products or services so as to mislead consumers. All statements and claims regarding Client’s products and services must be completely supportable by you.
vii) Alter, reverse engineer, decompile, circumvent, damage, interfere, disassemble, sell, rent, lease, sublicense, transfer, distribute, or otherwise make available, any part of the Site, Materials (as defined in Section X below), or any link or landing page of our Clients.
viii) Upload, post, display, or transmit any content on Social Media you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity).
ix) Upload, post, email, transmit, link to, or otherwise make available on Social Media any material that contains computer viruses or is designed to destroy, interrupt, or limit the functionality of the Services, any computer hardware, software, or telecommunications equipment, including but not limited to, by using adware, worms, spyware, or other malicious code;
x) Adapt, translate, modify, or create derivative works based upon the Site, Materials, or links of our Clients.;
xi) Impersonate or misrepresent your connection to any entity person or otherwise manipulate or forge headers, handle names, or identifiers to disguise the origin of your published Submission (defined below);
IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES GLOCALLY MAY HAVE, GLOCALLY RESERVES THE RIGHT TO WITHHOLD PAYMENT OR CHARGE BACK YOUR ACCOUNT DUE TO ANY OF THE FOREGOING VIOLATIONS, OR ANY BREACH OF THIS AGREEMENT BY INFLUENCER.
You hereby grant to Glocally and Client a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to the Site and/or Social Media websites (“Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Glocally and Client will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Glocally or Client operations or business. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or a Social Media website, Glocally and Client have not become and are not a publisher of such information, content, and materials and each is merely functioning as an intermediary to enable you to provide and display the Submission.
You acknowledge that the Site may or may not pre-screen any Submissions to the Social Media website, but that the Site and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, remove, or delete any Submission that violates this Agreement or is otherwise objectionable as determined by Glocally in its sole discretion. You acknowledge and agree you will take down any link provided by Glocally within twenty-four (24) hours upon request by Glocally for any reason or no reason. You further acknowledge and agree that Glocally has the right to show any Social Media post by you to Glocally Advertisers, and you shall make your Social Media post available for Glocally and/or our Advertisers’ review upon request.
ALL USERS SHALL REMAIN SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY LIABILITY ARISING FROM THEIR SUBMISSIONS.
6.) THIRD PARTY WEBSITES
Glocally expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on any third party web sites. Any links provided on the Site to third party websites do not imply an endorsement with respect to any third party or any website, or the products or services provided by any third party.
If you choose to access web sites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors through advertisements, your personal information may be available to the third-party provider. If you choose to visit or use any third-party products or services, please note that Glocally policies will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies. Glocally has no responsibility for any third party's policies, or any third party's compliance with them.
7. INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by Glocally. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by Glocally (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site (excluding any Materials on third-party websites) are the property of Glocally or its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Glocally or its affiliates and/or third-party licensors. Except as expressly authorized by Glocally, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Glocally reserves all rights not expressly granted in this Agreement.
You agree to indemnify and hold Glocally and its officers, directors, agents, affiliates, licensors and employees harmless from and against any and all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorneys’ fees) arising out of or relating to (a) your use or misuse of the Site and/or its related services, (b) any violation by you of this Agreement, including, but not limited to, violation of Other Materials provided to you in writing by Glocally, (c) any breach of you of any term(s) in this Agreement, (d) any claims brought by third parties arising out of your Submission(s) on Social Media, (e) any claims based upon or arising out of any actual or alleged fraud, dishonesty, criminal conduct, or any knowingly wrongful, malicious, or intentional acts or omissions by you or anyone acting on behalf of you, or (f) a governmental investigation or enforcement of any state or federal regulation, including but not limited to any regulation promulgated by the Federal Trade Commission. Glocally reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Glocally, and you agree to cooperate with Glocally's defense of these claims. Glocally will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
9. DISCLAIMERS; NO WARRANTIES
A. WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ITS REATED SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND ALL OTHER CONTENT, DATA, MATERIALS AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY GLOCALLY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GLOCALLY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GLOCALLY DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS-FREE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOCALLY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION XII(A), THE TERM GLOCALLY INCLUDES GLOCALLY’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
10. LIMITATION OF LIABILITY
A. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GLOCALLY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH GLOCALLY, EVEN IF GLOCALLY OR A GLOCALLY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GLOCALLY LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
B. LIMITATION OF DAMAGES
ANY LIABILITY OF GLOCALLY, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE OR INFORMATION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF GLOCALLY’S RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED AGGREGATE DAMAGES IN EXCESS OF THE FEES ALREADY PAID BY GLOCALLY TO YOU IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
11. ALLOCATION OF RISKS
YOU ACKNOWLEDGE AND AGREE THAT (A) THE REMEDIES, EXCLUSIONS, LIMITATIONS OF LIABILITY, AND LIMITATION OF DAMAGES HEREIN, REFLECT A REASONBLE ALLOCATION OF RISKS; (B) THAT YOU AND GLOCALLY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE EXCLUSIONS, LIMITATIONS OF LIABILITY, AND ALL OTHER TERMS IN THIS AGREEMENT. YOU ACKOWLEDGE THAT THE TERMS CONTAINED IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS BETWEEN YOU AND GLOCALLY.
You will receive payment within 30 days of Glocally being paid by the Client who sponsored the Campaign. You will only receive payment if Glocally receives payment from the Client. All payments will be calculated by Glocally in its sole and absolute discretion, all payments determined by Glocally’s reporting system shall be deemed final and conclusive.
Glocally reserves the right, in its sole discretion, to modify this Agreement, at any time, and without prior notice to you. If we modify this Agreement, we will post the modification within the Terms and Conditions posted on the Site. By continuing to use the Glocally platform and participating as a Glocally Influencer, you are indicating you accept the modification(s) to the Terms and Conditions. If you do not accept the modification(s), your sole recourse is to cease using the Glocally Site and platform.
14. ARBITRATION OF DISPUTES
The Parties hereby agree to waive their right to a jury trial and agree to submit any dispute(s) that may arise in relation to this Agreement to binding arbitration before a single arbitrator. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Los Angeles, California. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 10 of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys' fees and costs incurred in litigating or otherwise settling or resolving such action. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
The Parties also agree as stated in Section 15 below, to initiate arbitration procedures within one (1) year of the circumstances that give rise to such claim or cause of action.
Notwithstanding the forgoing, the Parties agree that nothing herein shall be deemed to waive, preclude, or otherwise limit our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
B. NOTICE; PROCESS
A Party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Glocally's address for Notice is: Glocally Attention: 12655 W. Jefferson Blvd., Playa Vista, CA, 90066. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). we agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Glocally may commence an arbitration proceeding.
C. CLASS ACTIONS
You specifically agree thatany claim or cause of action you may have arising out of this Agreement will be brought only in your individual capacity. You agree and acknowledge that you will not be a Party, class member, or representative of any class action proceedings against us. Also, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15. TIME LIMIT TO FILE CLAIMS
Any claim or cause of action relating to or pertaining to this Agreement must be arbitrated as set out in Section 14 above within one (1) year of the occurrence giving rise to the claim or cause of action. This time limitation applies to all terms and conditions set out in this Agreement. All claims or causes of action not initiated within the time restriction as set forth in this Section 15 are permanently barred.
A. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. Except with regard to arbitration matters, the Parties consent to the exclusive jurisdiction of the state or federal courts in California for all actions arising out of or related to this Agreement. In the event the a dispute is litigated in court, reasonable attorney’s fees and costs shall be awarded to the prevailing Party. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND GLOCALLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Any notice or other communication to be given hereunder will be in writing and will be (as elected by the Party giving such notice): (i) personally delivered; (ii) sent by prepaid overnight delivery services such as FedEx or USPS Express Mail, with delivery confirmation and/or return receipt; or (iii) by email, which is effective upon delivery confirmation. If the email is to Glocally, the email address is info@Glocally.com. If the email is to Glocally Influencer then the email address is the one provided in the Site registration information. Unless otherwise provided herein, all notices will be deemed to have been duly given on the date of receipt (or if delivery is refused, the date of such refusal) if delivered personally. Either Party may change its address for purposes hereof on not less than three (3) business days prior notice to the other Party.
In the event that any of the provisions of this Agreement are held by to be unenforceable by a court or arbitrator, the remaining portions of the Agreement will remain in full force and effect.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Glocally without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
F. INDEPENDENT CONTRACTORS
Nothing contained in this Agreement and/or any Services provided in connection with the Site, shall be construed to constitute either Party as a partner, joint venturer, employee, or agent of the other Party, nor shall either Party hold itself out as such. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party, it being intended by both Parties that each shall remain independent contractors responsible for its own actions.
G. EXPORT CONTROL
The Services may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list, and you shall not permit third parties to access or use the Services in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
The failure of Glocally to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Glocally.
I. ENTIRE AGREEMENT
This Agreement is the complete and exclusive agreement between you and Glocally with respect to the subject matter hereof, superseding and terminating all previous communications, representations, or agreements, whether written or oral between the parties relating to the services provided hereunder.