Gloosy terms and conditions of service

“Gloosy”( “we,” “our,” or “us”) owns and operates webpages and subpages (the “Site”), and may provide software that may be downloaded to your computer, smartphone or tablet to access services either directly from us or via third parties (via, an “Application”). These Terms of Service (these ”Terms”) are a legal agreement between Gloosy and you, or, if you represent an entity or other organization, that entity or organization (in either case “you,” “your,” or “Customer” or “Creator”) and governs your access to and use of the Services with an Account. To understand how Gloosy uses your information, please see our PRIV ACY POLICY https://gloosy.com/privacy.

ACCOUNT

As Customer or Creator, You may access and use certain features of the Services by creating a Gloosy user account (your “Account”). You may log into your Account to use such Services using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to Gloosy about yourself upon registration of your Account, and at all other times (the “Registration Information”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Registration Information to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. Gloosy reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify Gloosy immediately through our E-Mail admin@gloosy.com See our PRIVACY POLICY https://gloosy.com/privacy for how we safeguard your information.
BY REGISTERING AN ACCOUNT FOR THE SITE OR SERVICES, OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. Glossy may change, suspend or discontinue any aspect of the Site at any time. Gloosy may also impose limits on certain features and services or restrict Customer or Creator’s access to parts or all of the Site without notice or liability. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets in the Site are owned by Gloosy and our affiliates, licensors, and vendors. Your access to or use of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Gloosy and our affiliates and licensors and vendors reserve all rights not granted in these Terms. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Website that would reveal any source code, trade secrets, know-how or other proprietary information. Nothing in these Terms shall be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Website. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded, embodied, or displayed in connection the Site.
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. To register an Account with Gloosy, you must be 18 years or over.

SERVICES

Through the Site and Application, we offer users a marketplace where third-party users (“Customer”) can create an “Account” to connect with a network of content creators (“Creator”) who have also created an Account, for custom user-generated content (the Site, Applications, and other licensed services including user content generation as applicable, collectively, are the “Services”). Customers upload projects and/or requests for Services to the Site and Creators can apply to participate in the project and provide requested Content or/or Services. Customers then select the Creator(s) they want to engage with for the Services or Content desired. Customers manage all communication (content approval, payment, shipping, etc.) with Creators through the Site. Customers submit all “Content Materials” meaning all images, video, and audio files, names, samples, trademarks, logos, and all other information necessary for Services through the Site. The resulting “Content” means image, video, and audio files created by a Creator and provided as Services/Content to Customer.
“Project” means your request for Content that you submit through the Site. Customer and Creator's Relationship with Gloosy. Through the Site, Gloosy will connect Customers with Creators who will create content for you based on your project requests. Through our Site, Customers will create a Project that Gloosy will push out to Creators who will have the ability to view the Project and apply to complete the Content sought in the Project. Customer can accept or reject any Creator’s application to provide services. Once Customer accepts a Creator’s application, that Creator will be responsible for providing the Content. Upon acceptance of a Creator’s application to provide services, a percentage due to Gloosy will be deducted from each party’s Account per the terms herein below. Gloosy does not create the Content, nor does it employ the Creators who create the Content. You acknowledge and agree that Gloosy does not supervise, direct, control or monitor Creators with regards to a Creator’s provision of Content to you.
Provision of Service. Subject to these Terms and any Services Agreement or order form (if applicable), Gloosy grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to: (a) access and use the Services specifically made available to you as permitted by Gloosy (the “Permitted Purpose”), and (b) download, install, and use the Application(s) made available by Gloosy for public use on your own device solely for the Permitted Purpose. This license is exclusive to you and you may not sublicense or transfer the use of the Services.
Provision of Service via App Store Terms. Applications may be obtained through a third-party distribution platform (e.g., the Apple App Store or Google Play App Store) (each an “App Store”) and such Applications are to be used solely on a mobile device or tablet owned or controlled by you that operates such third party’s operating system. You agree to comply with all applicable third-party terms of the App Store (the “Usage Rules”) when using such an Application. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You agree that these Terms are between you and Gloosy, and not with the App Store. The App Store is not responsible for any Application, maintenance and support services or any warranty thereof, or addressing any claims related thereto. You agree to pay all fees charged by the App Store in connection with such Applications (if any). The Applications may also be subject to additional terms and conditions and privacy policies, and Gloosy is not a party to nor responsible for those additional terms.
Third Party Sites. The Site may contain links to other websites operated by third parties (each, a “Third Party Site”). Such Third Party Site are not under our control. Gloosy provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Site. Your use of these Third Party Site is at your own risk. Use of Third Party Sites may require your acknowledgment of or consent to terms of use or service. All reasonable notice of use of such sites will be provided before leaving our Site.
Provision of Customer and Creator Data. In connection with your access to and use of the Services, you may provide to Gloosy and the Creators certain Customer Data. “Customer and Creator Data” means all electronic data or information that Customer and or Creator submit to the Service, including Content Materials and Content. You retain all right, title, and interest in and to your Customer and Creator Data. By submitting Customer and Creator Data, you unconditionally grant to Gloosy a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Customer and Creator Data, to reproduce, modify, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Customer and Creator Data in connection with the performance of the Services, as well as improving and developing new products and offerings. https://gloosy.com/privacy
Provision of Customer Materials. By submitting Content Materials via the Site for use by Creators, you unconditionally grant to the applicable Creator a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Customer Data, to reproduce, modify, create derivative works from, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content Materials in connection with the creation of Content. You may ship to Creators samples of products to be used in the creation of the Content (“Samples”). You are responsible for all shipping costs related to shipment of the Samples, and you agree that Creators are not responsible for returning any Sample to you upon completion of a Project. You may not provide to Creators any Samples that are illegal, harmful, or hazardous, or that infringe or violate any third party’s rights, including any copyright, patent, trademark, or other proprietary or contractual right. Gloosy is not responsible or liable in any way for late delivery or non-arrival of any Samples sent by Customer to a Creator.
Representations and Warranties. You represent and warrant that you have all rights and licenses necessary to provide the Content Materials and Customer Data to Creator and Gloosy (as applicable) for Creator’s and Gloosy’s use as set forth herein. You agree that you will not submit any Customer Data that: 1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity; 2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; 3. infringes or violates any right of a third party including any copyright, patent, trademark, trade secret or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation; 4. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or 5. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet.

CUSTOMER'S PROPRIETARY RIGHTS IN THE CONTENT

Content Ownership. Upon delivery by the Creator and approval by the Customer, and all payments made under these Terms, Customer owns all right, title and interest in and to the Content. Customer grants to Gloosy and the applicable Creator a perpetual, worldwide, royalty free right and license to use, reproduce, display, electronically transmit, distribute, and publish the Content for purposes of providing the Services to Customer and for Gloosy’s and Creator’s marketing purposes. Customer agrees that Creator’s may use the Content as part of their portfolios. Gloosy agrees to remove your Content from its Site and its other marketing materials upon your written request to developer@gloosy.com
Feedback. If Customer provides Feedback to Gloosy, Customer grants to Gloosy a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable license to use and exploit the Feedback in the Service or Site and any intellectual property Gloosy develops without any obligation of payment to Customer.
Reservation of Rights. Gloosy and its licensors reserve all right, title and interest in and to the Service, including all related intellectual property rights, subject to the limited rights expressly granted in this Agreement. No other rights are granted to Customer by this Agreement.
Creator Responsibilities and Acceptance of Project; Services; Disputes. (a) Acceptance of Project. By submitting an application for any Customer's project, the Creator agrees that, if they are selected by the Customer for the applicable project, they are bound to fully perform the project in accordance with the applicable Project provided by the Client (“Project”). (b) Customer Terms and Conditions. TO THE EXTENT THE CUSTOMER INCLUDES ANY ADDITIONAL TERMS OR CONDITIONS IN THE PROJECT, CREATOR ACKNOWLEDGES THEY ARE BOUND BY SUCH TERMS AND CONDITIONS BY APPLYING TO WORK ON THE PROJECT SET OUT IN A PROJECT, CREATOR CONFIRMS THAT CREATOR HAS READ AND AGREED TO THE PROJECT’S TERMS AND CONDITIONS BEFORE ACCEPTANCE AND THAT CREATOR'S ACCEPTANCE, HAS ENTERED INTO A LEGAL, VALID AND BINDING OBLIGATION WITH CUSTOMER. CREATOR IS FULLY RESPONSIBLE AND LIABLE FOR COMPLYING WITH ALL REQUIREMENTS OF EACH PROJECT THEY ENTER (INCLUDING, WITHOUT LIMITATION, ANY SPECIFICATIONS AND ANY REQUIREMENTS FOR DELIVERY TIMES). CREATOR ACKNOWLEDGES THAT EACH ACCEPTED PROJECT IS A LEGAL AGREEMENT BETWEEN CREATOR AND THE APPLICABLE CUSTOMER - AND THAT GLOOSY IS NOT A PARTY THERETO. NOTWITHSTANDING THE FOREGOING, CLIENT ACKNOWLEDGES THAT GLOOSY IS A THIRD PARTY BENEFICIARY TO EACH PROJECT - MEANING GLOOSY CAN, IN ITS SOLE DISCRETION, ENFORCE ANY TERMS OR CONDITIONS ON BEHALF OF A PARTY. Creator Services. Creator acknowledges and agrees to deliver all content and drafts, including Custom Materials (as defined below) in accordance with the Accepted Project. Creator shall use best efforts to address and resolve any reasonable concern of the Customer, including with respect to Custom Materials, such as spelling errors, hashtag errors and hyperlink errors. Creator shall not remove posts relating to campaign deliverables from their social feeds. Additionally, Creator acknowledges that she/he has permission to shoot and produce content in the location by which she/he captures in images and/or video. Ownership; Licenses. Creator acknowledges and agrees that all creative assets and other deliverables provided by Creator to a Client pursuant to an Accepted Project (such as, any video, photo, audio-visual, composition, graphic, or textual materials) will be owned by the Customer (collectively, the “Custom Materials”). Creator shall and hereby does make all assignments necessary to achieve such ownership. To the extent Creator incorporates their own intellectual property (“Creator IP”) into any Custom Materials, Creator hereby grants Customer a worldwide, perpetual, irrevocable, fully paid-up, royalty free, license to use, reproduce, display, perform, edit in post production with artificial intelligence, and distribute such Creator IP solely as part of the Custom Materials into which they are incorporated by Creator. Creator acknowledges and agrees that to the extent any of intellectual property related terms or conditions of a Accepted Project conflict with this Section, the Accepted Brief will control.

FEES APPLICABLE TO CUSTOMER AND CREATOR

Fees. Pricing for the Services is described on the Site and is subject to change without notice to you. To use the Services, Gloosy will receive 15% of the agreed project's final price represented by 15% from Customer and 10% from the Creator. Creators are responsible for providing accurate payout information to Gloosy. If a Creator fails to provide the required payout information within 90 days of project completion and has earned fees, Gloosy reserves the right to retain the full mount of the Creator’s fees for the project. All amounts owed by Customer and Creator will be provided via an order summary, which may be presented via email or otherwise available in your Account. Unless otherwise agreed to in writing by Gloosy, fees are immediately due and payable, and all fees must be paid in full prior to being able to accept a Project. Gloosy’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. Payment are processed securely through our payment processor.
Billing Information. You agree to provide Gloosy with accurate and complete billing information including your legal name, address, telephone number, and valid credit card or debit card billing information. All fees will be billed to such credit card or debit card. If such information is false or fraudulent, Gloosy reserves the right to terminate your use of, or access to, the Services in addition to seeking any other legal remedies. Gloosy is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Gloosy. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. If Gloosy does not have a valid payment method on file for you, Gloosy will notify you.
Refund Policy. If for any reason Customer would like to refund, Customer may do so prior to accepting any Creator applications. Refund requests must be made prior to the first Creator application being accepted. For assistance with refunds, please contact Gloosy [XXX]

TERM AND SUSPENSION

These Terms shall apply for so long as you use the Services. You are free to stop using the Services or to close your Account at any time. Gloosy reserves the right to suspend or terminate your Account and your access to and/or use of the Services, at any time, without notice. Gloosy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Gloosy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Gloosy may, but is not required to, maintain the Content delivered by any Creator to you.

DISCLAIMERS

Gloosy does not make any representations that the functions performed by the Service (including the Content) will meet all of Customer’s requirements, that the operation of the Site will be uninterrupted or error free, that all defects in the Site will be corrected, or that the Service will be available in all languages or all countries. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, GLOOSY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPECIFICALLY, THIRD PARTY CONTENT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY.

LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GLOOSY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF GLOOSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICES, FROM ANY CHANGES TO THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CUSTOMER MATERIALS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF ANY CUSTOMER MATERIALS. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL GLOOSY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE TOTAL LIABILITY OF GLOOSY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND GLOOSY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

RELEASE

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of the Service, or any Third Party Site.

INDEMNIFICATION

Unless prohibited by state or federal laws to which you are subject, you will indemnify, defend (at Gloosy’s option), and hold Gloosy, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Services; (b) any Customer Materials or Samples, (c) your violation of these Terms; or (d) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right. Gloosy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Gloosy and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Gloosy’s prior written consent. Gloosy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

COPYRIGHT INFRINGEMENT

Claims of Copyright Infringement. Gloosy has adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Notifications of claimed copyright infringement must be sent to the service provider’s designated agent. Notification of Infringement must be submitted to the following: Designated Agent Gloosy: Legal Full Address: [XXX] Email: [XXX]
Notice of Infringement. To be valid and effective, the notification must be a written communication that includes the following: 1. Signature: A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification: A clear description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Location: Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Contact Information: information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. Good Faith Belief Statement: A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. Accuracy Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that the use of the material is not authorized by the copyright owner, their agent, or the law.. Takedown Notices. We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Site, email to the email address associated with your Account, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. Gloosy's Policy Gloosy has a policy to terminate, in appropriate circumstances and at its sole discretion, users who are repeat infringers of copyright. We will take reasonable steps to notify you if your content is removed or disabled due to a claim of infringement. GENERAL Modification. Gloosy may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or Services.
Applicable Law and Dispute Resolution. Please read this section carefully, as it affects your rights. These Terms shall be governed by the laws of Germany without regard to its conflict of laws provisions. If you have any concerns or believe that Gloosy has not adhered to these Terms, please contact us by e-mail at admin@gloosy.com . We will do our best to address your concerns. If we are unable to reach a resolution to the dispute, you and Gloosy agree to settle the dispute and resolve any claims through arbitration in accordance with the rules of the German Institution of Arbitration (DIS). Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. Notwithstanding the foregoing, Gloosy may seek injunctive or other equitable relief in any court of competenet jurisdiction to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers.
You have a limited right to opt out of this arbitration obligation. If you are a new Customer, you can opt out of this arbitration obligation within 30 days of first accepting these Terms. If you are an existing Customer, you can opt out within 30 days after the Last Revised date of these Terms. To opt out, you must send a timely email to [XXX] with your information and a request to opt out of these arbitration terms. If you validly opt out, you will not need to keep opting out when these Terms are updated, and your initial opt out request will continue to be honored.
Customer Dispute with Creators. If you have a dispute with a Creator, we encourage you to contact the other party to try to resolve the dispute amicably. We will try to help where we can, but you acknowledge that Gloosy has no obligation to resolve, or to assist in resolving, any disputes and you release Gloosy from any claims, demands, and damages arising out of disputes with Creators or any third parties.
Independent Contractors and Freelancers. No joint venture, partnership, employment, or agency relationship exists between Customer's or Creators and Gloosy as a result of these Terms or use of the Services.
Waiver. The failure of Gloosy to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Gloosy in writing.
Contact. Gloosy is located in Germany. Any questions, comments or suggestions, including any report of violation of these Terms should be provided Gloosy as follows: By E-mail: admin@gloosy.com Attn: Legal
Entire Agreement. These Terms constitute the entire agreement between you and Gloosy with respect to the Services, superseding any prior agreements between you and Gloosy. The failure of Gloosy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms shall remain in full force and effect.