Terms + Condititions.

These Terms of Service describe the terms and conditions under which you may use GLOBE THRIVERS services and applications ("App(s)"). These terms and conditions constitute a legally binding agreement ("Agreement") between Globe Thrivers, Inc. (and any successors of Globe Thrivers, Inc., and any entities controlled by Globe Thrivers, Inc., collectively “us” or "GT"), and you, the user of our Apps (hereinafter "you," and collectively with other users of the Apps, the "User" or "Users"). If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use our Apps and we are unwilling to grant you access to our Apps. GT may revise this Agreement at any time by updating these terms on our Apps. You agree that your continued use of the Apps after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing our Apps you acknowledge that you have read and understood this Agreement. This Agreement was last revised on November 30, 2023.

1. Content.  While using the App you will have access to content posted by other users, including images, text, video and links to sources that are not affiliated with GT. In addition to posts made by others, you may make posts content to the App (collectively, "Posts"). By making Posts you understand that you are making that content publicly available.

1.1 Posting Limitations. You agree that you are responsible for your use of the Apps and for any Posts you make. You agree not to submit any Post that (i) is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability; (ii) is a falsehood or misrepresentation that could damage the App, GT or any third party; (iii) is harmful to others; or (iv) makes or provides instructional information about illegal activities.

1.2 Intellectual Property Rights.  You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post such material to the App and to disseminate such content.

1.3 Access to Service.  You must be at least 18 years of age to use the Apps.

2. Licenses and Restrictions. 

2.1 License.  Subject to the terms and conditions of this Agreement, GT grants you a nonexclusive, nontransferable, revocable license to access the Apps solely for your personal, non-commercial use. 

2.2 Restrictions.  You may not reproduce, modify, distribute, display, create derivative works from, sell or otherwise exploit any content, software, or services provided by us. You may not use our content to further any commercial purpose.  All content on Apps, including trademarks, designs, graphic assets, video, audio, text and related intellectual property rights are protected by law. Any reproduction or redistribution of the same is strictly prohibited.  All rights not expressly granted in Section 2.1 are hereby reserved. 

2.3 Marks.  All GT trademarks, names, service marks, logos and other marks of attribution displayed on the Apps are the property of Globe Thrivers, Inc. You may not use or display marks without our prior written consent specifically authorizing such activity.  In addition, the Apps contain intellectual property and marks controlled by third parties.  If you would like to use the same, you will need to obtain appropriate authorizations from the applicable owner.  GT does not and cannot grant you such rights.

2.4 Prohibited Activities.  You may not use any portion of the Apps for any unlawful purpose. You agree that you will not (i) copy, reproduce, distribute, or create derivative works of the Apps; (ii) collect or harvest any personally identifiable information from the Apps; (iii) introduce computer viruses or malware into the Apps, post links to the same, or otherwise encourage Users to visit sites with the same; (iv) use any automated system, including without limitation, bots, spiders, scripts or any other form of automatic process on the Apps, to query the Apps, to get information from the Apps, post information to the Apps, or otherwise access the Apps in a manner that sends more requests or Posts to the Apps in a given period of time than a human can reasonably produce in the same period; (v) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Apps; (vi) engage in any activity that circumvents, disables or otherwise interferes with security related features of the Apps; (vii) create tools that enable or assist any individual in accomplishing any of the activities prohibited under this Agreement; or (viii) employ or otherwise give incentives to any other individual to post or retrieve information to or from the Apps or engage in any of the activities prohibited under this Agreement.

2.5 Account Suspension and Deletion.  GT retains the right to suspend or delete any account or activity without warning and in our sole discretion.  If your account is deleted, all information associated with your account may also be deleted.

3. Ownership.  GT will own any GT content or other materials, and any GT marks and logos contained on the Apps. Subject to your rights in the content of your Posts, GT will own any improvements made to the Apps, even is such improvements are based on your suggestions, feedback or activities.

4. Registration and payment information.  Certain functions of the Apps may be restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information about yourself. It is your responsibility to maintain the accuracy of any information provided. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to terminate your password and immediately notify GT (hello@globethrivers.com) if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You agree that you are responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree that we may use the personal information you provide to check for fraud and that such information may be disclosed to credit and fraud prevention agencies.

5. Indemnification.  You will defend, indemnify and hold harmless GT and its directors, officers, employees, subsidiaries, suppliers and affiliates (collectively, "GT Affiliates") from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings ("Claims") made or brought by any third party against any GT Affiliate, including without limitation reasonable legal fees and expenses, in connection with (i) your breach of this Agreement; and (ii) any Claim associated with your use of the Apps or the use of the App by any person using your screen name, account or password. GT shall provide you with prompt notice of any Claim and an opportunity to defend the Claim, provided that GT (A) may participate at your expense in any defense and settlement discussions; and (B) will have the right to approve any settlement agreement purporting to bind GT. In addition, GT may, at your expense, take full control of the defense of any Claim if GT believes that you have not defended such Claim in a reasonable and diligent manner, and that such failure may result in adverse consequences for GT Affiliates.

6. Privacy Policy.  Your use of the Apps is governed by GT's Privacy Policy, which is incorporated into this Agreement by reference.

7. Termination; Content Removal and Retention.  GT reserves the right to refuse or terminate service to anyone at any time without notice for any reason. Our termination of service and therefore this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination. The provisions of Sections 2.2, 3, 4, 5, 7, 8, 9, 10 and 11 will survive termination of service and this Agreement. GT reserves the right to remove or refuse to distribute any content on the Apps. GT also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of GT, its Users and the public. GT will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

8. Third Party Interaction.  The Apps contains links to and otherwise references third party sites that are not affiliated with GT. You may enter into correspondence with, purchase goods and/or services from, or participate in promotions on such unaffiliated sites. Unless otherwise stated in writing by GT, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. GT does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content. GT is not responsible for the accuracy, safety or intellectual property rights of or relating third party products or services. You further acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GT with respect thereto.

9. Disclaimer of Warranty.

YOU AGREE THAT YOUR USE OF THE APPa SHALL BE AT YOUR SOLE RISK. GT makes the APPS available WITHOUT WARRANTIES OF ANY KIND, express or implied, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENt, course of dealing or usage of trade. GT DOES NOT WARRANT THAT THE APPS WILL FUNCTION ERROR-FREE or without interruption. GT makes available the APPS and the content on the APPS "As Is" and does not warrant (i) any material available on GT or provided to GT by any third party, including bUt not limited to user posts; (ii) that material available on the APPS will not infringe any third party’s intellectual property rights or rights of privacy; (iii) the TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE APPS; (Iv) that GT can prevent UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION provided to GT, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the APPS BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION 10 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER this AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. If GT cannot disclaim a warranty, the duration and scope of such warranty shall be the minimum permissible under applicable law.

10. Disclaimer of Liability.

10.1 Liability Limit.  GT claims no ownership or control over any CONTENT PROVIDED TO GT AND displayed on the APPS. GT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR Any THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR use of the APPS or ANY INFORMATION OR THIRD PARTY CONTENT. You agree that GT has no responsibility or liability for the deletion of, or the failure to store any CONTENT.

10.2 Consequential Damages.  In no event will GT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS be liable for consequential damages OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR Special DAMAGES (INCLUDING LOSS OF DATA, BUSINESS interruption, LOST PROFITS, OR ANTICIPATED SAVINGS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT or your use of the APPS, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

10.3 Additional Rights.  THE limitations IN THIS SECTION 11 WILL APPLY EVEN IF ANY Limitation on liability PROVIDED UNDER this AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. Certain jurisdictions do not allow the limitation of CERTaiN liabilitIES, so SOME OF the exclusions set forth above may not apply to you. If GT cannot disclaim a liability, the duration and scope of such liability shall be the minimum permissible under applicable law.

11. General.

11.1  Assignment.  You may not assign this Agreement, in whole or in part, or your rights or obligations under this Agreement. Any attempt by you to assign this Agreement other than as permitted above will be null and void. GT may assign its rights or obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

11.2 Governing Law.  Any action related to this Agreement will be governed by New York law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in New York, New York, for the resolution of all disputes arising from or related to this Agreement and/or your use of the Apps.

11.3 Severability.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

11.4 Email Notification.  You hereby consent to receive notification from GT of all notices to the email address that you provide to GT.

11.5 Cooperation.  You acknowledge that GT will report to law enforcement authorities any actions that may be considered illegal. When requested, GT will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

11.6 Miscellaneous.  A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.

If you have any questions concerning this Agreement, please contact hello@globethrivers.com.