Last updated: 06.12.2024
Terms & Conditions
Terms & Conditions
Terms & Conditions
These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the Loyalty Program (the “Program”), a promotional program by GlassDAO Corporation. (“we” and “us”), and offered to our customers who register for the Program (each, a “Member” or “you”). Please read these Terms carefully. If you do not agree to these Terms, please do not participate in the Program.
PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.
We reserve the right to modify these Terms from time to time without notice to you, by posting a revised version of the Terms on this page (https://www.glass.fun/tos). Any changes will be effective prospectively as of the date noted in the upper left-hand corner when the updated Terms are posted. It is your responsibility to review the Terms periodically to be aware of any such changes.
1. Member Eligibility.
You must be an individual and 21 years of age or older to be eligible to participate in the Program as a Member. Corporations, charities, associations or other entities may not be Members.
You must be a resident of one of the 50 United States or the District of Columbia.
You may not be an alcohol beverage distributor, wholesaler, importer or retail licensee or an officer, director, employee contractor or agent of such a licensee; a director, officer, employee, contractor or agent of Glass, or any of its affiliates or subsidiaries.
There is no fee to sign up for the Program and no purchase is required to earn points and Rewards under the Program (but, as set forth below, qualifying activities are required in order to earn points and Rewards under the Program).
To become a Member, visit [LINK] and provide the required information. By enrolling you represent that the information you provide is accurate and up to date.
Membership is limited to one membership per individual and per one email address.
2. Earning Points.
You will earn points in the Program by participating in the following activities:
Responding to polls and surveys (50–150 points); sharing content on social channels (250–350 points); referring new members to the Program (100-200 points). The Program may make additional earning opportunities available in the future and will update these Terms accordingly. These activities will be offered by Glass as well as participating suppliers in our network.
Additional points may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.
Points in your account may not be transferred to other Program Members.
Points under the Program have no cash value.
3. Points Expiration.
All points in your account will expire if you do not engage in a qualifying activity within 365 days of the date of your last activity.
In addition, all points in your account will immediately expire if we revoke your Membership, in our sole discretion.
Points obtained through special promotional offers may have accelerated expiration schedules or other additional limitations. Any such limitations will be described in the special promotional offer.
Any points added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of the Program, may be deleted by us in our sole discretion.
4. Rewards.
Points can be redeemed for rewards that will be offered by GLASS, as well as participating suppliers in our network. For the points that you earn in the Program, you will be able to redeem those points for non-transferable rewards, including merchandise, digital items, event tickets, or discount or free shipping codes, and such points will be deducted from your point balance. We will send you an email to your registered email address when each Reward is issued to you.
Points will generally show up in your account and become redeemable within one (1) business day after the points are earned. Rewards will generally show up in your account within one (1) business day after the points are redeemed. Certain rewards may be in the form of personalized codes that you may redeem on third-party sites in order to access free shipping or other benefits. In such cases, details about code usage will be included in the Reward description on the Glass site, as well as in the email sent to your registered email address when the Reward is issued to you.
Each Reward will expire 90 days after the date of issuance.
Rewards are not transferable. Rewards issued to you may only be redeemed by you.
There is no limit on the number of Rewards that you may redeem.
We reserve the right, in our sole discretion, and on a prospective basis only, to modify the Rewards we issue under the Program, or to substitute alternative rewards of comparable value, at any time and without notice.
No cash back will be paid on any Reward (unless otherwise required by law).
From time to time, we may offer special promotional rewards. These special rewards may be only available in certain areas and may have different expiration periods or other terms than the standard Rewards issued under the Program.
5. Termination of the Program.
We reserve the right to terminate the Program at any time and without notice to you, in our sole discretion.
If the Program is terminated, you have the option to email cheers@glass.fun to redeem any remaining points in your account for rewards commensurate to the value of your remaining points, which may include Glass company merchandise. Such rewards will be issued within 90 days after the Program termination date, and will expire ninety (90) business days after the date of issuance.
6. Marketing Communications.
6.1 Email Messages: When you enroll in the Program, you are required to provide us with your email address (along with other information, such as your address, phone number, and proof of age), which we will use to send you information about the Program (including periodic updates about the Program), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account at www.glass.fun. You may opt out of receiving marketing emails from us at any time by following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize us, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.******
6.2 Text Messages: If any text messaging is offered by us in connection with the Program, you may elect, in your sole discretion, to receive (or to decline to receive) such text messages from us. By agreeing to receive such text messages, you authorize us, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding the Program and other topics of interest. These may include pre-recorded or autodialed and promotional messages. Standard text message service charges apply. You are not required to agree to receive text messages to participate in the Program. You can unsubscribe to any text messaging service that may be offered by us by texting “Stop” to us at any time. If you unsubscribe, you understand that we may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages.
7. Applicable Law.
Any dispute, claim, or cause of action arising from this Program or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect or regard to any principles or doctrines of conflicts of law.
8. Dispute Resolution; Class Action Waiver.
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THE PROGRAM.
8.1 For any Dispute you have with us or the Program, you agree to first contact us at cheers@glass.fun and to attempt to resolve such Dispute with us informally.
8.2 In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
8.3 You and we agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’, experts’ and consultants’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’, experts’ or consultants’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
8.4 This provision will survive termination of the Program or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
9. Disclaimers and Limitations of Liability.
9.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND WE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLASS, INC. DOES NOT WARRANT THAT THE PROGRAM, OR ANY APPLICATIONS THROUGH WHICH THE PROGRAM IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE FURTHER DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN THE PROGRAM OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
9.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLASS, INC. (AND ITS SUBSIDIARIES AND OTHER AFFILIATES AND ITS PARTICIPATING RETAILERS) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ANY OTHER MATTER RELATED TO THE PROGRAM, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
10. Privacy.
Any personal information collected about you through the Program, including without limitation any information about you collected through your engagement with the Program, will be governed by our Privacy Policy, available at https://www.glass.fun/privacy, which is incorporated by this reference into these Terms.
11. Miscellaneous.
All Federal, State or other tax liabilities (if any) arising from your access to or participation in the Program are your responsibility.
Nothing in these Terms will limit us from exercising any legal rights or remedies that we may have.
These Terms shall be the sole terms of the agreement between you and Glass, Inc. regarding your access to or participation in the Program, except that to the extent you access or use any of our websites, such use shall also be subject to our website terms of use available at [URL].
12. Contact Us.
If you have any questions about the Program, you may contact us at cheers@glass.fun.
Last Updated on May 1, 2023.
Last Updated on May 1, 2023.
INTRODUCTION
The GLASS website and other services (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by GlassDAO Corporation (“we”, “our”, “us”). These Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services. Please read these Terms carefully. These Terms form a legally binding contract between you and us. By accessing or otherwise using any Services in any way, including by creating an account (“Account”), or merely browsing the website, you agree to be bound by these Terms as well as any other applicable terms and conditions or agreements you enter into with us regarding your use of any portion of the Services.
CHANGES TO THESE TERMS
We may change these Terms in our sole discretion. Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes, you should stop using the Services.
USE OF SERVICES
The Services are intended only for individuals who are at least twenty-one (21) years old and who reside in the United States of America. You warrant and represent that you are at least twenty-one (21) years of age, reside in the United States of America, and are with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms.
AVAILABLE ONLY WHERE PERMITTED BY LAW
The Services are only offered in jurisdictions where they may be legally offered. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation. It is up to you to determine whether using the Services is legal where you are. You are responsible for compliance with all applicable laws, rules, and regulations. We do not sell, offer to sell, or solicit sales of alcohol. Our Services enable you to search online for products available for sale by licensed retailers (“Retailers”), allowing you to earn loyalty points and community access.
COMMUNICATIONS
By providing your e-mail address, you will be subscribed to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unsubscribing or by emailing at cheers@glass.fun. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the website, satisfy any legal requirement that such communication be in writing.
YOUR ACCOUNT AND LICENSE
To use many features of the Services, we require you to create an Account. We grant valid Account holders anon-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license, to access and use the Services and (as applicable) subject at all times to your strict compliance with these Terms. We reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights. You may not otherwise use, decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Services. Further you may not use any automation tools, macros, bots or auto-typers to circumvent any technical mechanisms or protections in place, share, sell or buy any other Accounts, or use multiple Accounts to break any of these Terms, exploit any known faults or bugs in the Services or impersonate any of our employees, officers or agents, persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information, encourage others whether directly or indirectly to break any of these Terms, use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory, nor ask for any personal details of other users, or advertise other websites using the Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited.You agree to keep your password safe at all times and not to disclose it to any other person. You are fully responsible for all activities on your Account (including the activities of all persons who use your password to gain access to your Account or who use the device on which the Services are installed and/or downloaded) and for complying with any licenses granted in these Terms. You are expressly prohibited from allowing anyone else to use your Account. We may immediately suspend or terminate your Account if someone else uses it. To help ensure the safety of your password, you must keep your computer and/or device (as applicable) free of viruses and other malicious code including trojan horses, worms, time bombs, malware, and spyware. You must use your password in accordance with the password requirements specified in the rules of the Services. We do not guarantee the Services will be secure or free from bugs or viruses. You must not attempt to gain unauthorized access to the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy. In the event of such a breach, your right to use and licenses granted in these Terms will cease immediately without notice from us. You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements. If you believe that someone has stolen your password or you believe you have lost or had stolen the device upon which the Services are installed or accessible or you believe that someone other than you have gained access to your Account, you should immediately contact us at cheers@glass.fun. You will remain responsible for your Account until you have notified us.
SUSPENDING OR TERMINATING YOUR ACCOUNT
If, acting reasonably, we consider that: our Terms or any Services rules have or may have been breached or will be breached; there has been fraudulent, unlawful, or abusive activity; and/or it is necessary in order to prevent or stop any harm or damage to us, to any Services, to other users, the general public or to you then: in our sole discretion, we may at any time: (i) suspend or terminate any or all of your Accounts; and/or (ii) restrict features of the Services. WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THATWE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), WE MAY SUSPEND OR TERMINATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESTRICTIONS
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Services or products by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any Services except in accordance with these Terms. You acknowledge that all intellectual property and other rights in any Services, including without limitation content in the Services are and will remain the property of ours and/or our licensors. As part of the license granted under these Terms, you are only granted limited non-transferrable, non-sublicensable permission (which can be revoked at any time) to use such content or Services, subject to and in accordance with these Terms. All information submitted to us via the Services shall be deemed our property. We will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in the information you provide to us. We shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by us executing a confidentiality agreement or as otherwise required by law. We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part there of will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services unless required by law.
YOUR ACCESS
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME.
FUNCTIONING OF SERVICES
We will use reasonable endeavors to maintain the operation of the Services. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control. We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems, or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software, or services. We also do not guarantee that the Services can be accessed in all geographic locations.
CONTRIBUTIONS
Our Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively,"Contributions"). As such, any Contributions you transmit maybe treated as non-confidential and non-proprietary. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. When you create or make available any Contributions, you thereby represent and warrant that: You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Services to use your Contributions in any manner contemplated by these Terms. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the these Terms. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. Your Contributions do not contain any material that illustrates or encourages irresponsible alcohol consumption or alcohol consumption in ways that violate any applicable law, regulation, or rule. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; Your Contributions do not include any offensive comments that are connected to age, ancestry, citizenship, color, creed, religion, disability, ethnic origin, family status, marital status, place of origin, race, records of offenses, gender, sex, sexual preference, sexual orientation. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
LOYALTY PROGRAM
The Services will include the opportunity for you to accrue loyalty points from Retailers that have registered or partnered with us (“Loyalty Points”). You will have the ability to monitor and access your current points through your Account. Loyalty Points can be redeemed for exclusive social rewards that will be offered by GLASS, as well as brands and retailers in our network. (“Loyalty Program”). NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED IN ORDER TO BECOME A MEMBER OF OR PARTICIPATE IN THE REWARDS PROGRAM. You must be a resident of the United States in order to participate in in the Loyalty Program. Residents of California and Texas are not eligible to earn Loyalty Points based on purchases. The terms of the Loyalty Program may vary from time to time and are subject to change. We may, in our sole discretion, create additional programs, rewards, or promotional offers, subject to any additional terms that we establish on a case-by-case basis. Loyalty Points can only be redeemed by the Account holder and cannot be combined with other offers, promotions, or certificates. Loyalty Points cannot be sold or transferred, in any manner, to any other person. Loyalty Points have no cash or property value and cannot be redeemed for cash or cash equivalent. Loyalty points can only be held and redeemed by users who are over age 21. We, along with the Retailers, reserve the right to modify or cancel the Loyalty Program or other promotional offers. In the event you are in breach of these Terms, we may rescind your option to redeem your Loyalty Points. We will have no liability if a Retailer refuses, fails to honor, changes, or terminates its Loyalty Program or other benefits, whether or not they are offered through our Services. Retailers may be added or withdrawn from our Services without notice.
THIRD PARTY SITES AND TECHNOLOGIES
THE SERVICES MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL. ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. WE DO NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARENOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.
LIABILITY DISCLAIMER
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREEOF VIRUSES. IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us. You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your use of the Service, (ii)your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (iii) any misrepresentations by you, or (iv) your breach of these Terms.
USE OF YOUR PERSONAL INFORMATION
We will use your personal data as set out in our Privacy Policy at www.glass.fun/privacy.
GENERAL
These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor, and assigns. These Terms are drafted in the English language and maybe translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. These Terms are governed by the laws of the state of Delaware. You and we both agree to the exclusive jurisdiction and venue of the state and federal courts in Delaware and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Services.
13. CONTACT US
If you have a question or concern, please send an email to cheers@glass.fun.
These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the Loyalty Program (the “Program”), a promotional program by GlassDAO Corporation. (“we” and “us”), and offered to our customers who register for the Program (each, a “Member” or “you”). Please read these Terms carefully. If you do not agree to these Terms, please do not participate in the Program.
PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.
We reserve the right to modify these Terms from time to time without notice to you, by posting a revised version of the Terms on this page (https://www.glass.fun/tos). Any changes will be effective prospectively as of the date noted in the upper left-hand corner when the updated Terms are posted. It is your responsibility to review the Terms periodically to be aware of any such changes.
1. Member Eligibility.
You must be an individual and 21 years of age or older to be eligible to participate in the Program as a Member. Corporations, charities, associations or other entities may not be Members.
You must be a resident of one of the 50 United States or the District of Columbia.
You may not be an alcohol beverage distributor, wholesaler, importer or retail licensee or an officer, director, employee contractor or agent of such a licensee; a director, officer, employee, contractor or agent of Glass, or any of its affiliates or subsidiaries.
There is no fee to sign up for the Program and no purchase is required to earn points and Rewards under the Program (but, as set forth below, qualifying activities are required in order to earn points and Rewards under the Program).
To become a Member, visit [LINK] and provide the required information. By enrolling you represent that the information you provide is accurate and up to date.
Membership is limited to one membership per individual and per one email address.
2. Earning Points.
You will earn points in the Program by participating in the following activities:
Responding to polls and surveys (50–150 points); sharing content on social channels (250–350 points); referring new members to the Program (100-200 points). The Program may make additional earning opportunities available in the future and will update these Terms accordingly. These activities will be offered by Glass as well as participating suppliers in our network.
Additional points may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.
Points in your account may not be transferred to other Program Members.
Points under the Program have no cash value.
3. Points Expiration.
All points in your account will expire if you do not engage in a qualifying activity within 365 days of the date of your last activity.
In addition, all points in your account will immediately expire if we revoke your Membership, in our sole discretion.
Points obtained through special promotional offers may have accelerated expiration schedules or other additional limitations. Any such limitations will be described in the special promotional offer.
Any points added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of the Program, may be deleted by us in our sole discretion.
4. Rewards.
Points can be redeemed for rewards that will be offered by GLASS, as well as participating suppliers in our network. For the points that you earn in the Program, you will be able to redeem those points for non-transferable rewards, including merchandise, digital items, event tickets, or discount or free shipping codes, and such points will be deducted from your point balance. We will send you an email to your registered email address when each Reward is issued to you.
Points will generally show up in your account and become redeemable within one (1) business day after the points are earned. Rewards will generally show up in your account within one (1) business day after the points are redeemed. Certain rewards may be in the form of personalized codes that you may redeem on third-party sites in order to access free shipping or other benefits. In such cases, details about code usage will be included in the Reward description on the Glass site, as well as in the email sent to your registered email address when the Reward is issued to you.
Each Reward will expire 90 days after the date of issuance.
Rewards are not transferable. Rewards issued to you may only be redeemed by you.
There is no limit on the number of Rewards that you may redeem.
We reserve the right, in our sole discretion, and on a prospective basis only, to modify the Rewards we issue under the Program, or to substitute alternative rewards of comparable value, at any time and without notice.
No cash back will be paid on any Reward (unless otherwise required by law).
From time to time, we may offer special promotional rewards. These special rewards may be only available in certain areas and may have different expiration periods or other terms than the standard Rewards issued under the Program.
5. Termination of the Program.
We reserve the right to terminate the Program at any time and without notice to you, in our sole discretion.
If the Program is terminated, you have the option to email cheers@glass.fun to redeem any remaining points in your account for rewards commensurate to the value of your remaining points, which may include Glass company merchandise. Such rewards will be issued within 90 days after the Program termination date, and will expire ninety (90) business days after the date of issuance.
6. Marketing Communications.
6.1 Email Messages: When you enroll in the Program, you are required to provide us with your email address (along with other information, such as your address, phone number, and proof of age), which we will use to send you information about the Program (including periodic updates about the Program), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account at www.glass.fun. You may opt out of receiving marketing emails from us at any time by following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize us, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.******
6.2 Text Messages: If any text messaging is offered by us in connection with the Program, you may elect, in your sole discretion, to receive (or to decline to receive) such text messages from us. By agreeing to receive such text messages, you authorize us, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding the Program and other topics of interest. These may include pre-recorded or autodialed and promotional messages. Standard text message service charges apply. You are not required to agree to receive text messages to participate in the Program. You can unsubscribe to any text messaging service that may be offered by us by texting “Stop” to us at any time. If you unsubscribe, you understand that we may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages.
7. Applicable Law.
Any dispute, claim, or cause of action arising from this Program or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect or regard to any principles or doctrines of conflicts of law.
8. Dispute Resolution; Class Action Waiver.
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THE PROGRAM.
8.1 For any Dispute you have with us or the Program, you agree to first contact us at cheers@glass.fun and to attempt to resolve such Dispute with us informally.
8.2 In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
8.3 You and we agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’, experts’ and consultants’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’, experts’ or consultants’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
8.4 This provision will survive termination of the Program or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
9. Disclaimers and Limitations of Liability.
9.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND WE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLASS, INC. DOES NOT WARRANT THAT THE PROGRAM, OR ANY APPLICATIONS THROUGH WHICH THE PROGRAM IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE FURTHER DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN THE PROGRAM OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
9.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLASS, INC. (AND ITS SUBSIDIARIES AND OTHER AFFILIATES AND ITS PARTICIPATING RETAILERS) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ANY OTHER MATTER RELATED TO THE PROGRAM, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
10. Privacy.
Any personal information collected about you through the Program, including without limitation any information about you collected through your engagement with the Program, will be governed by our Privacy Policy, available at https://www.glass.fun/privacy, which is incorporated by this reference into these Terms.
11. Miscellaneous.
All Federal, State or other tax liabilities (if any) arising from your access to or participation in the Program are your responsibility.
Nothing in these Terms will limit us from exercising any legal rights or remedies that we may have.
These Terms shall be the sole terms of the agreement between you and Glass, Inc. regarding your access to or participation in the Program, except that to the extent you access or use any of our websites, such use shall also be subject to our website terms of use available at [URL].
12. Contact Us.
If you have any questions about the Program, you may contact us at cheers@glass.fun.
Last Updated on May 1, 2023.
Last Updated on May 1, 2023.
INTRODUCTION
The GLASS website and other services (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by GlassDAO Corporation (“we”, “our”, “us”). These Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services. Please read these Terms carefully. These Terms form a legally binding contract between you and us. By accessing or otherwise using any Services in any way, including by creating an account (“Account”), or merely browsing the website, you agree to be bound by these Terms as well as any other applicable terms and conditions or agreements you enter into with us regarding your use of any portion of the Services.
CHANGES TO THESE TERMS
We may change these Terms in our sole discretion. Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes, you should stop using the Services.
USE OF SERVICES
The Services are intended only for individuals who are at least twenty-one (21) years old and who reside in the United States of America. You warrant and represent that you are at least twenty-one (21) years of age, reside in the United States of America, and are with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms.
AVAILABLE ONLY WHERE PERMITTED BY LAW
The Services are only offered in jurisdictions where they may be legally offered. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation. It is up to you to determine whether using the Services is legal where you are. You are responsible for compliance with all applicable laws, rules, and regulations. We do not sell, offer to sell, or solicit sales of alcohol. Our Services enable you to search online for products available for sale by licensed retailers (“Retailers”), allowing you to earn loyalty points and community access.
COMMUNICATIONS
By providing your e-mail address, you will be subscribed to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unsubscribing or by emailing at cheers@glass.fun. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the website, satisfy any legal requirement that such communication be in writing.
YOUR ACCOUNT AND LICENSE
To use many features of the Services, we require you to create an Account. We grant valid Account holders anon-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license, to access and use the Services and (as applicable) subject at all times to your strict compliance with these Terms. We reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights. You may not otherwise use, decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Services. Further you may not use any automation tools, macros, bots or auto-typers to circumvent any technical mechanisms or protections in place, share, sell or buy any other Accounts, or use multiple Accounts to break any of these Terms, exploit any known faults or bugs in the Services or impersonate any of our employees, officers or agents, persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information, encourage others whether directly or indirectly to break any of these Terms, use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory, nor ask for any personal details of other users, or advertise other websites using the Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited.You agree to keep your password safe at all times and not to disclose it to any other person. You are fully responsible for all activities on your Account (including the activities of all persons who use your password to gain access to your Account or who use the device on which the Services are installed and/or downloaded) and for complying with any licenses granted in these Terms. You are expressly prohibited from allowing anyone else to use your Account. We may immediately suspend or terminate your Account if someone else uses it. To help ensure the safety of your password, you must keep your computer and/or device (as applicable) free of viruses and other malicious code including trojan horses, worms, time bombs, malware, and spyware. You must use your password in accordance with the password requirements specified in the rules of the Services. We do not guarantee the Services will be secure or free from bugs or viruses. You must not attempt to gain unauthorized access to the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy. In the event of such a breach, your right to use and licenses granted in these Terms will cease immediately without notice from us. You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements. If you believe that someone has stolen your password or you believe you have lost or had stolen the device upon which the Services are installed or accessible or you believe that someone other than you have gained access to your Account, you should immediately contact us at cheers@glass.fun. You will remain responsible for your Account until you have notified us.
SUSPENDING OR TERMINATING YOUR ACCOUNT
If, acting reasonably, we consider that: our Terms or any Services rules have or may have been breached or will be breached; there has been fraudulent, unlawful, or abusive activity; and/or it is necessary in order to prevent or stop any harm or damage to us, to any Services, to other users, the general public or to you then: in our sole discretion, we may at any time: (i) suspend or terminate any or all of your Accounts; and/or (ii) restrict features of the Services. WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THATWE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), WE MAY SUSPEND OR TERMINATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESTRICTIONS
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Services or products by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any Services except in accordance with these Terms. You acknowledge that all intellectual property and other rights in any Services, including without limitation content in the Services are and will remain the property of ours and/or our licensors. As part of the license granted under these Terms, you are only granted limited non-transferrable, non-sublicensable permission (which can be revoked at any time) to use such content or Services, subject to and in accordance with these Terms. All information submitted to us via the Services shall be deemed our property. We will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in the information you provide to us. We shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by us executing a confidentiality agreement or as otherwise required by law. We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part there of will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services unless required by law.
YOUR ACCESS
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME.
FUNCTIONING OF SERVICES
We will use reasonable endeavors to maintain the operation of the Services. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control. We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems, or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software, or services. We also do not guarantee that the Services can be accessed in all geographic locations.
CONTRIBUTIONS
Our Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively,"Contributions"). As such, any Contributions you transmit maybe treated as non-confidential and non-proprietary. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. When you create or make available any Contributions, you thereby represent and warrant that: You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Services to use your Contributions in any manner contemplated by these Terms. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the these Terms. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. Your Contributions do not contain any material that illustrates or encourages irresponsible alcohol consumption or alcohol consumption in ways that violate any applicable law, regulation, or rule. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; Your Contributions do not include any offensive comments that are connected to age, ancestry, citizenship, color, creed, religion, disability, ethnic origin, family status, marital status, place of origin, race, records of offenses, gender, sex, sexual preference, sexual orientation. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
LOYALTY PROGRAM
The Services will include the opportunity for you to accrue loyalty points from Retailers that have registered or partnered with us (“Loyalty Points”). You will have the ability to monitor and access your current points through your Account. Loyalty Points can be redeemed for exclusive social rewards that will be offered by GLASS, as well as brands and retailers in our network. (“Loyalty Program”). NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED IN ORDER TO BECOME A MEMBER OF OR PARTICIPATE IN THE REWARDS PROGRAM. You must be a resident of the United States in order to participate in in the Loyalty Program. Residents of California and Texas are not eligible to earn Loyalty Points based on purchases. The terms of the Loyalty Program may vary from time to time and are subject to change. We may, in our sole discretion, create additional programs, rewards, or promotional offers, subject to any additional terms that we establish on a case-by-case basis. Loyalty Points can only be redeemed by the Account holder and cannot be combined with other offers, promotions, or certificates. Loyalty Points cannot be sold or transferred, in any manner, to any other person. Loyalty Points have no cash or property value and cannot be redeemed for cash or cash equivalent. Loyalty points can only be held and redeemed by users who are over age 21. We, along with the Retailers, reserve the right to modify or cancel the Loyalty Program or other promotional offers. In the event you are in breach of these Terms, we may rescind your option to redeem your Loyalty Points. We will have no liability if a Retailer refuses, fails to honor, changes, or terminates its Loyalty Program or other benefits, whether or not they are offered through our Services. Retailers may be added or withdrawn from our Services without notice.
THIRD PARTY SITES AND TECHNOLOGIES
THE SERVICES MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL. ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. WE DO NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARENOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.
LIABILITY DISCLAIMER
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREEOF VIRUSES. IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us. You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your use of the Service, (ii)your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (iii) any misrepresentations by you, or (iv) your breach of these Terms.
USE OF YOUR PERSONAL INFORMATION
We will use your personal data as set out in our Privacy Policy at www.glass.fun/privacy.
GENERAL
These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor, and assigns. These Terms are drafted in the English language and maybe translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. These Terms are governed by the laws of the state of Delaware. You and we both agree to the exclusive jurisdiction and venue of the state and federal courts in Delaware and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Services.
13. CONTACT US
If you have a question or concern, please send an email to cheers@glass.fun.
These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the Loyalty Program (the “Program”), a promotional program by GlassDAO Corporation. (“we” and “us”), and offered to our customers who register for the Program (each, a “Member” or “you”). Please read these Terms carefully. If you do not agree to these Terms, please do not participate in the Program.
PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.
We reserve the right to modify these Terms from time to time without notice to you, by posting a revised version of the Terms on this page (https://www.glass.fun/tos). Any changes will be effective prospectively as of the date noted in the upper left-hand corner when the updated Terms are posted. It is your responsibility to review the Terms periodically to be aware of any such changes.
1. Member Eligibility.
You must be an individual and 21 years of age or older to be eligible to participate in the Program as a Member. Corporations, charities, associations or other entities may not be Members.
You must be a resident of one of the 50 United States or the District of Columbia.
You may not be an alcohol beverage distributor, wholesaler, importer or retail licensee or an officer, director, employee contractor or agent of such a licensee; a director, officer, employee, contractor or agent of Glass, or any of its affiliates or subsidiaries.
There is no fee to sign up for the Program and no purchase is required to earn points and Rewards under the Program (but, as set forth below, qualifying activities are required in order to earn points and Rewards under the Program).
To become a Member, visit [LINK] and provide the required information. By enrolling you represent that the information you provide is accurate and up to date.
Membership is limited to one membership per individual and per one email address.
2. Earning Points.
You will earn points in the Program by participating in the following activities:
Responding to polls and surveys (50–150 points); sharing content on social channels (250–350 points); referring new members to the Program (100-200 points). The Program may make additional earning opportunities available in the future and will update these Terms accordingly. These activities will be offered by Glass as well as participating suppliers in our network.
Additional points may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.
Points in your account may not be transferred to other Program Members.
Points under the Program have no cash value.
3. Points Expiration.
All points in your account will expire if you do not engage in a qualifying activity within 365 days of the date of your last activity.
In addition, all points in your account will immediately expire if we revoke your Membership, in our sole discretion.
Points obtained through special promotional offers may have accelerated expiration schedules or other additional limitations. Any such limitations will be described in the special promotional offer.
Any points added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of the Program, may be deleted by us in our sole discretion.
4. Rewards.
Points can be redeemed for rewards that will be offered by GLASS, as well as participating suppliers in our network. For the points that you earn in the Program, you will be able to redeem those points for non-transferable rewards, including merchandise, digital items, event tickets, or discount or free shipping codes, and such points will be deducted from your point balance. We will send you an email to your registered email address when each Reward is issued to you.
Points will generally show up in your account and become redeemable within one (1) business day after the points are earned. Rewards will generally show up in your account within one (1) business day after the points are redeemed. Certain rewards may be in the form of personalized codes that you may redeem on third-party sites in order to access free shipping or other benefits. In such cases, details about code usage will be included in the Reward description on the Glass site, as well as in the email sent to your registered email address when the Reward is issued to you.
Each Reward will expire 90 days after the date of issuance.
Rewards are not transferable. Rewards issued to you may only be redeemed by you.
There is no limit on the number of Rewards that you may redeem.
We reserve the right, in our sole discretion, and on a prospective basis only, to modify the Rewards we issue under the Program, or to substitute alternative rewards of comparable value, at any time and without notice.
No cash back will be paid on any Reward (unless otherwise required by law).
From time to time, we may offer special promotional rewards. These special rewards may be only available in certain areas and may have different expiration periods or other terms than the standard Rewards issued under the Program.
5. Termination of the Program.
We reserve the right to terminate the Program at any time and without notice to you, in our sole discretion.
If the Program is terminated, you have the option to email cheers@glass.fun to redeem any remaining points in your account for rewards commensurate to the value of your remaining points, which may include Glass company merchandise. Such rewards will be issued within 90 days after the Program termination date, and will expire ninety (90) business days after the date of issuance.
6. Marketing Communications.
6.1 Email Messages: When you enroll in the Program, you are required to provide us with your email address (along with other information, such as your address, phone number, and proof of age), which we will use to send you information about the Program (including periodic updates about the Program), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account at www.glass.fun. You may opt out of receiving marketing emails from us at any time by following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize us, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.******
6.2 Text Messages: If any text messaging is offered by us in connection with the Program, you may elect, in your sole discretion, to receive (or to decline to receive) such text messages from us. By agreeing to receive such text messages, you authorize us, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding the Program and other topics of interest. These may include pre-recorded or autodialed and promotional messages. Standard text message service charges apply. You are not required to agree to receive text messages to participate in the Program. You can unsubscribe to any text messaging service that may be offered by us by texting “Stop” to us at any time. If you unsubscribe, you understand that we may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages.
7. Applicable Law.
Any dispute, claim, or cause of action arising from this Program or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect or regard to any principles or doctrines of conflicts of law.
8. Dispute Resolution; Class Action Waiver.
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THE PROGRAM.
8.1 For any Dispute you have with us or the Program, you agree to first contact us at cheers@glass.fun and to attempt to resolve such Dispute with us informally.
8.2 In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
8.3 You and we agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’, experts’ and consultants’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’, experts’ or consultants’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
8.4 This provision will survive termination of the Program or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
9. Disclaimers and Limitations of Liability.
9.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND WE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLASS, INC. DOES NOT WARRANT THAT THE PROGRAM, OR ANY APPLICATIONS THROUGH WHICH THE PROGRAM IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE FURTHER DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN THE PROGRAM OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
9.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLASS, INC. (AND ITS SUBSIDIARIES AND OTHER AFFILIATES AND ITS PARTICIPATING RETAILERS) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ANY OTHER MATTER RELATED TO THE PROGRAM, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
10. Privacy.
Any personal information collected about you through the Program, including without limitation any information about you collected through your engagement with the Program, will be governed by our Privacy Policy, available at https://www.glass.fun/privacy, which is incorporated by this reference into these Terms.
11. Miscellaneous.
All Federal, State or other tax liabilities (if any) arising from your access to or participation in the Program are your responsibility.
Nothing in these Terms will limit us from exercising any legal rights or remedies that we may have.
These Terms shall be the sole terms of the agreement between you and Glass, Inc. regarding your access to or participation in the Program, except that to the extent you access or use any of our websites, such use shall also be subject to our website terms of use available at [URL].
12. Contact Us.
If you have any questions about the Program, you may contact us at cheers@glass.fun.
Last Updated on May 1, 2023.
Last Updated on May 1, 2023.
INTRODUCTION
The GLASS website and other services (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by GlassDAO Corporation (“we”, “our”, “us”). These Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services. Please read these Terms carefully. These Terms form a legally binding contract between you and us. By accessing or otherwise using any Services in any way, including by creating an account (“Account”), or merely browsing the website, you agree to be bound by these Terms as well as any other applicable terms and conditions or agreements you enter into with us regarding your use of any portion of the Services.
CHANGES TO THESE TERMS
We may change these Terms in our sole discretion. Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes, you should stop using the Services.
USE OF SERVICES
The Services are intended only for individuals who are at least twenty-one (21) years old and who reside in the United States of America. You warrant and represent that you are at least twenty-one (21) years of age, reside in the United States of America, and are with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms.
AVAILABLE ONLY WHERE PERMITTED BY LAW
The Services are only offered in jurisdictions where they may be legally offered. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation. It is up to you to determine whether using the Services is legal where you are. You are responsible for compliance with all applicable laws, rules, and regulations. We do not sell, offer to sell, or solicit sales of alcohol. Our Services enable you to search online for products available for sale by licensed retailers (“Retailers”), allowing you to earn loyalty points and community access.
COMMUNICATIONS
By providing your e-mail address, you will be subscribed to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unsubscribing or by emailing at cheers@glass.fun. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the website, satisfy any legal requirement that such communication be in writing.
YOUR ACCOUNT AND LICENSE
To use many features of the Services, we require you to create an Account. We grant valid Account holders anon-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license, to access and use the Services and (as applicable) subject at all times to your strict compliance with these Terms. We reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights. You may not otherwise use, decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Services. Further you may not use any automation tools, macros, bots or auto-typers to circumvent any technical mechanisms or protections in place, share, sell or buy any other Accounts, or use multiple Accounts to break any of these Terms, exploit any known faults or bugs in the Services or impersonate any of our employees, officers or agents, persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information, encourage others whether directly or indirectly to break any of these Terms, use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory, nor ask for any personal details of other users, or advertise other websites using the Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited.You agree to keep your password safe at all times and not to disclose it to any other person. You are fully responsible for all activities on your Account (including the activities of all persons who use your password to gain access to your Account or who use the device on which the Services are installed and/or downloaded) and for complying with any licenses granted in these Terms. You are expressly prohibited from allowing anyone else to use your Account. We may immediately suspend or terminate your Account if someone else uses it. To help ensure the safety of your password, you must keep your computer and/or device (as applicable) free of viruses and other malicious code including trojan horses, worms, time bombs, malware, and spyware. You must use your password in accordance with the password requirements specified in the rules of the Services. We do not guarantee the Services will be secure or free from bugs or viruses. You must not attempt to gain unauthorized access to the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy. In the event of such a breach, your right to use and licenses granted in these Terms will cease immediately without notice from us. You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements. If you believe that someone has stolen your password or you believe you have lost or had stolen the device upon which the Services are installed or accessible or you believe that someone other than you have gained access to your Account, you should immediately contact us at cheers@glass.fun. You will remain responsible for your Account until you have notified us.
SUSPENDING OR TERMINATING YOUR ACCOUNT
If, acting reasonably, we consider that: our Terms or any Services rules have or may have been breached or will be breached; there has been fraudulent, unlawful, or abusive activity; and/or it is necessary in order to prevent or stop any harm or damage to us, to any Services, to other users, the general public or to you then: in our sole discretion, we may at any time: (i) suspend or terminate any or all of your Accounts; and/or (ii) restrict features of the Services. WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THATWE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), WE MAY SUSPEND OR TERMINATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESTRICTIONS
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Services or products by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any Services except in accordance with these Terms. You acknowledge that all intellectual property and other rights in any Services, including without limitation content in the Services are and will remain the property of ours and/or our licensors. As part of the license granted under these Terms, you are only granted limited non-transferrable, non-sublicensable permission (which can be revoked at any time) to use such content or Services, subject to and in accordance with these Terms. All information submitted to us via the Services shall be deemed our property. We will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in the information you provide to us. We shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by us executing a confidentiality agreement or as otherwise required by law. We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part there of will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services unless required by law.
YOUR ACCESS
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME.
FUNCTIONING OF SERVICES
We will use reasonable endeavors to maintain the operation of the Services. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control. We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems, or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software, or services. We also do not guarantee that the Services can be accessed in all geographic locations.
CONTRIBUTIONS
Our Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively,"Contributions"). As such, any Contributions you transmit maybe treated as non-confidential and non-proprietary. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. When you create or make available any Contributions, you thereby represent and warrant that: You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Services to use your Contributions in any manner contemplated by these Terms. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the these Terms. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. Your Contributions do not contain any material that illustrates or encourages irresponsible alcohol consumption or alcohol consumption in ways that violate any applicable law, regulation, or rule. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; Your Contributions do not include any offensive comments that are connected to age, ancestry, citizenship, color, creed, religion, disability, ethnic origin, family status, marital status, place of origin, race, records of offenses, gender, sex, sexual preference, sexual orientation. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
LOYALTY PROGRAM
The Services will include the opportunity for you to accrue loyalty points from Retailers that have registered or partnered with us (“Loyalty Points”). You will have the ability to monitor and access your current points through your Account. Loyalty Points can be redeemed for exclusive social rewards that will be offered by GLASS, as well as brands and retailers in our network. (“Loyalty Program”). NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED IN ORDER TO BECOME A MEMBER OF OR PARTICIPATE IN THE REWARDS PROGRAM. You must be a resident of the United States in order to participate in in the Loyalty Program. Residents of California and Texas are not eligible to earn Loyalty Points based on purchases. The terms of the Loyalty Program may vary from time to time and are subject to change. We may, in our sole discretion, create additional programs, rewards, or promotional offers, subject to any additional terms that we establish on a case-by-case basis. Loyalty Points can only be redeemed by the Account holder and cannot be combined with other offers, promotions, or certificates. Loyalty Points cannot be sold or transferred, in any manner, to any other person. Loyalty Points have no cash or property value and cannot be redeemed for cash or cash equivalent. Loyalty points can only be held and redeemed by users who are over age 21. We, along with the Retailers, reserve the right to modify or cancel the Loyalty Program or other promotional offers. In the event you are in breach of these Terms, we may rescind your option to redeem your Loyalty Points. We will have no liability if a Retailer refuses, fails to honor, changes, or terminates its Loyalty Program or other benefits, whether or not they are offered through our Services. Retailers may be added or withdrawn from our Services without notice.
THIRD PARTY SITES AND TECHNOLOGIES
THE SERVICES MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL. ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. WE DO NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARENOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.
LIABILITY DISCLAIMER
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREEOF VIRUSES. IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us. You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your use of the Service, (ii)your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (iii) any misrepresentations by you, or (iv) your breach of these Terms.
USE OF YOUR PERSONAL INFORMATION
We will use your personal data as set out in our Privacy Policy at www.glass.fun/privacy.
GENERAL
These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor, and assigns. These Terms are drafted in the English language and maybe translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. These Terms are governed by the laws of the state of Delaware. You and we both agree to the exclusive jurisdiction and venue of the state and federal courts in Delaware and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Services.
13. CONTACT US
If you have a question or concern, please send an email to cheers@glass.fun.