Terms of Service
1. These Terms
1.1. These Terms are complete and exclusive, and replace any previous terms.
1.2. By accessing Glipho, you
1.2.1. acknowledge having received a copy of them
1.2.2. confirm that you are a natural person, over the age of 13
1.2.3. agree to be legally bound by these Terms.
2.1. Glipho is a social network, hosted at Glipho.com, designed to allow Users, in a network environment, to
2.1.1. create and publish Articles
2.1.2. read Content from other Users
2.1.3. participate in discussion by posting Discussion Comments
2.1.4. create personalised feeds of Content, based on selected Authors or areas of interest,
2.1.5. search and access Glipho’s database of Content.
3.1. ‘Article’ means an original Article, created by an Author, and published online on Glipho; a Discussion Comment is not an Article.
3.2. ‘Author’ means, in relation to an Article, the User responsible for creating and Contributing it.
3.3. ‘Discussion Comment’ means a posting published on Glipho by a User with a view to commencing or participating in discussion in relation to an Article. An Article is not a Discussion Comment.
3.4. Commenter’ means, in relation to a Discussion Comment, the User responsible for creating and Contributing it.
3.5. ‘Content’ includes Articles, Discussion Comments, Public Profiles, and Images.
3.6. ‘Contribute’ means the uploading of Content for publication on Glipho
3.7. ‘Images’ means photographs or other images that are Contributed to Glipho by a User, with a view to display in association with other Content.
3.8. ‘Image Owner’ means an owner of rights in an Image, which rights include the right to grant Glipho the rights to publish the Image in association with the other Content for which it is Contributed.
3.9. ‘Personal Data’ means data from which a living individual can be identified or contacted
3.10. ‘Portal’ means the User portal on Glipho at http://www.Glipho.com, to which a User may log in with username and password to
3.10.1. create and Contribute the User’s own Articles
3.10.2. access the User’s personalised feed of Content
3.10.3. Contribute Discussion Comments
3.10.4. search and read Glipho’s database of Content
3.10.5. edit or change the User’s Public Profile and settings.
3.11. ‘Public Profile’ means the static personal information a User chooses to Contribute to Glipho, and which may be displayed in conjunction with all Articles of which that User is the Author.
3.12. ‘SNS’ means a social networking service (such as Facebook, Twitter, Google) on which a User has an account and profile;
3.12.1. ‘Associated SNS’ means the SNS of which a User is a member and through which a User has signed up to and/or accessed Glipho
3.12.2. ‘Associated SNS Profile’ means a User’s profile on a User’s Associated SNS, which a User has, via the User’s settings on the Associated SNS, authorised to be accessed by Glipho.
3.13. ‘Subscription’ means the subscription by a User to a personalised feed of Content, based on criteria selected by the User
3.14. ‘User’ means a natural person lawfully accessing Glipho.
4. Signing up as a Glipho User
4.1. To sign up as a Glipho User you must, when prompted, select your Associated SNS; information from your Associated SNS Profile will be displayed on screen, as determined by your privacy settings with the Associated SNS.
4.2. In order to proceed with signing up to Glipho, you must grant Glipho the requisite permissions to access and store Personal Data from your Associated SNS Profile, for identification and authentication purposes.
5. Use of Glipho
5.1. Use of Glipho is free of charge, for the own personal and substantially non-commercial use of Users.
5.2. We will provide you with access to the Portal.
5.3. We will make reasonable efforts to correct any errors notified to us within a reasonable time.
5.4. So far as is practicable Glipho is available on a 24 hour 7 day basis; it is however technically impossible to provide a fault-free service, and Glipho is provided ‘as is’ and without warranties of any kind, express or implied (other than warranties not capable of exclusion); whilst we will use reasonable efforts to ensure that Glipho is available at all times, to keep unavoidable interruptions to a minimum, and to give notice of anticipated interruptions, there will inevitably be times when Glipho is unavailable.
5.5. Support is available by clicking the applicable link on a Glipho page.
5.6. Glipho does not monitor or edit Content. The process of Contributing and publication of Content is wholly automated, and takes place without human intervention or review. Glipho makes no warranty or representation as to the accuracy of any Content. Opinions and/or viewpoints presented in Content are opinions and/or viewpoints expressed by their respective Authors / Commenters, and do not necessarily represent those of Glipho.
5.7. Glipho nevertheless reserves the right in its absolute discretion to remove any Content (without being required to give reasons), and/or to withdraw the use of Glipho from any person without notice and without being required to provide reasons.
6.1. Save to the extent that you choose to incorporate your Personal Data in any Content, Glipho will keep your Personal Data confidential, provided that Glipho reserves the right to disclose such Personal Data:
6.1.1. to the extent which reasonably appears necessary to satisfy any legal requirement
6.1.2. to enforce these Terms or to respond to any third party claim relating to Content originating from you
6.1.3. to protect rights, property, or personal safety of Glipho, its Users, and/or the public
6.1.4. in confidence to a prospective buyer of its business.
6.2. In particular, Glipho will not disclose Personal Data held by Glipho as such to any third party for direct marketing purposes.
7. Your responsibilities
7.1. It is your responsibility to ensure that all details in relation to you held by Glipho are accurate and remain up to date.
7.2. Access to the Portal is obtained by personal password; it is your responsibility to ensure that any password issued to you is kept wholly confidential and secure, and to immediately notify Glipho if at any time you have reason to believe that your password has become known to or capable of use by anyone else. Glipho may from time to time give you reasonable notice requiring a change of password.
7.3. You acknowledge that you are wholly responsible for all use of Glipho on your account when accessed by your password, and any use of Glipho when accessed by any such password is conclusively deemed to be authorised by you.
7.4. You must ensure that your use of Glipho is in no way unlawful or in furtherance of any unlawful purpose, and complies in every way with these Terms and with all applicable legal requirements and obligations. You will fully indemnify Glipho against any liability we may incur as a result of any use by you which is unlawful, or is in any way in breach of these Terms.
7.5. You must ensure that any Content you Contribute is in all respects lawful, that you have the right to make such Content public, and that it complies with our Acceptable Use Policy.
8. Content which you Contribute - Intellectual Property Rights
8.1. The copyrights in Articles and Discussion Comments on Glipho are owned respectively by their Authors / Commenters, and their Authors / Commenters assert the moral right to be identified as the authors thereof.
8.2. By Contributing an Article or a Discussion Comment to Glipho, you
8.2.1. Accept full responsibility for its accuracy, and for any and all legal consequences following from its publication
8.2.2. Warrant that the Article / Discussion Comment is your own original creation, and that (save for any attributed third party quotes) you are the sole owner of all copyright and other intellectual property rights in the Article / Discussion Comment
8.2.3. Warrant that any attributed third party quotes contained within the Article / Discussion Comment amount to no more than non-infringing fair dealing
8.2.4. Assert the moral right to be identified as author.
8.3. In relation to any Content you Contribute, you:
8.3.1. Grant Glipho the non-exclusive transferable worldwide royalty-free license (including the rights to sublicense) to use the Content in any and all media or distribution methods (now known or later developed),
184.108.40.206. including (but not limited to) the right to include the Content within Glipho’s database, and the right to permit Users to search for, access and download copies thereof, and
220.127.116.11. including the right for Glipho to provide, promote, and improve the Services and to make Content submitted to or through Glipho available to other companies, organizations or individuals who partner with Glipho for the syndication, broadcast, distribution or publication of such Content on other media and services (‘Glipho Partners’), subject to our terms and conditions for such Content use.
8.3.2. Reserve the right at any time to request the withdrawal by Glipho of the Content from display on Glipho.com. On receipt of such a request by an Author / Commenter, Glipho will use reasonable endeavours to promptly remove the item from Glipho.com and from Glipho’s database searchable by Users, and to cease to make it available to Glipho Partners, but may itself retain a copy for archival purposes only.
8.3.3. Acknowledge that Glipho seeks to provide the best Content to each User based on the User’s Subscriptions, and the User’s past interaction with Articles; and that Glipho reserves the right to determine and change from time to time the basis on which Content is ranked.
8.4. By Contributing an Image to Glipho, you accept full responsibility for any and all legal consequences following from its publication; and you warrant either
8.4.1. That you are the Image Owner, or
8.4.2. That the Image is one which has been licenced by the Image Owner on terms which permit it to be published on Glipho, that the terms of such licence have been complied with, and that the Image Owner’s rights and licence terms are stated accurately in the text accompanying the Image.
9. Content which you yourself have not Contributed - Intellectual Property Rights
9.1. As a User accessing Content contributed by other Users, you acknowledge that
9.1.1. Glipho provides Content in good faith, but makes no warranties (express or implied) regarding accuracy, completeness, freedom from error, or fitness for any purpose
9.1.2. Glipho expressly excludes any liability for any losses that may be incurred if any Content is relied on, so far as the law permits such exclusion
9.1.3. Content is intended to be viewed by Users online; it may not be otherwise copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior express written permission
9.1.4. You may not distribute, display or copy Content to third parties including (but not limited to) 'caching' any Content for access by third parties, and 'mirroring' any Content on this Site
9.1.5. Under no circumstances will you have any claim to copyright or ownership of any intellectual property rights in any Content of which you are not the Author.
10. Glipho’s Intellectual Property Rights
10.1. The database rights in the collection of Content on Glipho (but not the rights in the individual items making up that collection) are owned by Glipho.
10.2. All copyrights and other intellectual property rights in any other elements of Glipho (including text, graphics, images, logos, button icons, HTML code and other software) are reserved to (and are the sole property of) Glipho.
10.3. Glipho is a trade mark and is the sole and exclusive property of Glipho Ltd.
10.4. Any use of Glipho beyond that expressly permitted by these Terms is prohibited and unlawful. In particular, the following are not permitted:
10.4.1. any form of automated access to or use of Glipho (meaning access or use other than by a natural person using an unmodified web browser of a type in general use by consumers) without our express consent; and
10.4.2. attempts to decipher, decompile, disassemble or reverse engineer any of the software comprising or used on or in connection with the Glipho site.
10.5. We may use any feedback, Discussion Comments, or suggestions you may provide regarding Glipho as we see fit and without any obligation to you.
11.1. You must remove and not reinstate any link to Glipho from any other website if we request you to do so.
11.2. You may not create any link to or use any portion of Glipho in any manner that may create confusion either about the identity or ownership of Glipho, or in any manner that may create a likelihood of confusion as to sponsorship of third party content by us, or as to an affiliation with Glipho or with us.
12.1. You agree to indemnify Glipho Ltd against any liability or loss we incur as a result of any wrongful or unlawful act by you in connection with any Content which you have Contributed to Glipho, or otherwise in connection with your use of Glipho.
12.2. Glipho is a highly automated internet- and software-based service; it is provided ‘as is’, and you acknowledge that it is not technically practicable to guarantee such a service to be error-free. If any errors are found to exist they shall not constitute a breach of these Terms, and shall not give rise to any liability on the part of Glipho Ltd.
12.3. All material published by Glipho is published in good faith, but no responsibility is accepted for its accuracy, and no liability is accepted for any errors, or for any losses that may be incurred if any such material is relied on. Glipho Ltd specifically disclaims all and any liability for loss or damage of any kind and howsoever arising, whether due to inaccuracy, error, omission, or any other cause, and whether on the part of Glipho Ltd or on the part of any other.
12.4. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, GLIPHO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE GLIPHO SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
12.5. IN NO EVENT WILL GLIPHO BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE GLIPHO SERVICE, ITS USE, OR IN RESPECT OF PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF GLIPHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
12.6. IF ANY EXCLUSION CONTAINED IN THESE TERMS SHALL BE HELD TO BE INVALID FOR ANY REASON AND GLIPHO BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO £100.
12.7. Glipho does not exclude liability for death or personal injury, to the extent only that it arises as a result of its negligence (or that of others for whose acts and defaults they may be legally liable).
13.2. We may change these Terms at any time without prior notice; any such revised Terms will be displayed on Glipho and may be viewed at any time.
13.3. No oral or written information given by or on behalf of Glipho shall create a warranty or collateral contract, or in any way increase the scope of Glipho’s liability, and you may not rely on any such information. Except as otherwise provided, no addition, amendment or modification of these Terms shall be effective, unless in writing and signed or accepted by us.
13.4. If any provision in these Terms is found to be invalid, such provision shall be deemed omitted; the remainder of these Terms shall stand.
13.5. Glipho reserves the rights
13.5.1. To assign all its rights under this agreement, including but not limited to its rights to publish and display Content (for example, in the event of a sale of Glipho)
13.5.2. To change branding of the Glipho service; this may include changing the URL on which the Glipho service is hosted and operated.
13.7. These Terms shall be governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in all matters arising.
13.8. Glipho is owned and operated by Glipho Limited, a company incorporated in England under company no 08009134, whose registered office is at Units 3 & 4 Croxted Mews, 286/288 Croxted Road, London SE24 9DA, United Kingdom. Glipho Ltd has complied with the notification requirements of the Data Protection Act 1998.