Terms and conditions
1 Area of validity, changes in the Terms and Conditions
1.1 The offer for which you have registered, is an offer of Gloria.tv, strada Hotinului 26 Ap. 2, 3100 Mun. Balti, Republica Moldova. Gloria.tv provides its services to you on these terms and conditions (GTC). By registering or using our services you agree with the validity of the TNC. If you do not wish to be bound by these terms and conditions, you may not use the services offered.
1.2 Gloria.tv reserves the right to change the terms and conditions with future effect. We therefore ask you to check this page regularly in order to update yourself on recent changes of terms and conditions.
2 Registration, requirements for participation, legal declarations
2.1 Participation is open to only those users who are fully competent or acting with the consent of their legal representative or guardian.
2.2 You are required to provide true, accurate, current and complete information as prompted by the registration form and keep your data in the member's account is current and correct. After registering, you will receive a password and a name for your account assigned.
2.3 We point out that you may receive legal stuff by email (eg, confirmation email, change the terms and conditions). They shall be deemed to have been received when they are available in our service under normal circumstances of your mailbox.
2.4 Your account is not transferable or inheritable.
3 Termination, suspension of a member's account
3.1 You agree that Gloria.tv is allowed, in its sole discretion and for any reason whatsoever, to terminate or delete your password, your account, any content or any other use of our services by you. This is especially true if you have not used Gloria.tv services for a long time or if Gloria.tv believes that you have violated or not followed these terms and conditions.
3.2 You agree that without prior notification any disruption of your access to Gloria.tv services may be carried out and that Gloria.tv deactivate your account and all related information and files immediately and / or may prevent any other access to such files or the offer of www.gloria.tv.
3.3 In case of cancellation of your account, you cannot regain access to our services without our prior written and explicit consent. You are not allowed to help a user whose account has been deleted or blocked, to access the offer through your account or by using your membership account.
3.4 The user agrees that his videos and / or comments will remain published even after his withdrawal or exclusion from the user community of Gloria.tv. In principle, Gloria.tv does not delete any videos and / or comments retroactively.
3.5 The obligations stated in 4.2, 4.3, 5, 6, 9, 10, 11, 12 and 13 continue after cancellation of the member's account to the extent that their application relates to your behavior before the date of cancellation.
4 General obligations of the user
4.1 It is your responsibility to ensure that your account is used only by you and you must therefore keep your password secret.
4.2 You acknowledge that the owner of an account is fully responsible for all activities that are conducted through the member account. If you allow another person (for example a minor without the consent of his guardians) the use of your account, you acknowledge that you are fully responsible for the actions of the user, the control of access and the use of the services by the user and the consequences of any misuse.
4.3 You inform us immediately of any unauthorized use of your password or member account and any other breach of security regulations and are liable in front of Gloria.tv for damages caused by the misuse of your member account.
4.4 You will obtain at your own expense the necessary technical conditions for participation (eg Internet, cellular connection).
4.5 You commit to refrain from actions which may affect or impair the functionality of our services (eg software or other scripts). This applies in particular to the use of "robot," "spider" or "offline reader" software, which generate automatically user requests via the Internet. You refrain from modifying, overwriting, copying or disseminating areas of the site that we have not provided you with, including areas of other users.
4.6 You are not allowed to use our services or parts of it for commercial purposes of any kind. You are not allowed to eg imitate, sell, rent, use or offer for their own or other advertising purposes any part of it.
5 Responsibility, forbidden content and behavior
5.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that are stored, published or transmitted by using the Gloria.tv service by you or by other users, is the sole and full responsibility of the person from whom such content derives, eg content that you have created yourself and also for content that you have purchased from other sources, and have saved, published and / or transmitted by using our offer in our services.
5.2 Gloria.tv does not check content that you or other users of our services publish and / or transmit, and does therefore in principle not guarantee the accuracy, integrity or quality of such content. You are aware that you may be exposed through the use of the offer to content that is offensive, indecent or objectionable in any way, if the user responsible for this content does not adhere to all provisions of these terms and conditions or the applicable laws.
5.3 By using Gloria.tv services you are not allowed to:
· store, publish and / or transmit data, text, images, files, links, software or other content, that under the applicable laws or in the opinion of Gloria.tv are unlawful or harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or otherwise objectionable or harm minors in any way, in particular, pornographic material or material that glorifies violence or is otherwise harmful to minors;
· save, publish and / or transmit, violate the rights of third parties, including patents, trademarks, copyright or related rights, trade secrets, privacy rights or property rights;
· save, publish and / or transmit material that contains software viruses or any other information, files or programs that are designed or adapted to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· save, publish and / or transmit contents which you are not entitled to pass on;
· impersonate in the Gloria.tv services as somebody else, eg as a representative of Gloria.tv or as somebody who is in any way responsible for the offer, or to claim that you have a non-existent relationship with such persons;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the offer;
· save, publish and / or transmit unsolicited advertising, promotional materials, junk or bulk emails ("spam"), chain letters, pyramid schemes or other advertising;
· violate in connection with the use of our services national or international law including exchange rules (eg the New York Stock Exchange, the American Stock Exchange, NASDAQ);
· harass, offend, threaten, defame, bring in distress or embarrassment or cause in any other way inconvenience or say or spread untrue facts with respect to a natural or legal person or company.
· collect, store or transmit personal data about other users, unless the parties concerned agree to that.
5.4 Although we generally do not review or control content from users, we reserve however the right to delete, rejected, delete, terminate content that is accessible through our offer for any reason, with immediate effect, , or to publish it at another place, in particular contents that we have come to know that these terms.
6 Contents of users
6.1 Gloria.tv allows you to use our services in accordance with the applicable laws and the provisions of these terms in order to store, publish, communicate content and to share it with other users. Gloria.tv does not supervise the content, does not claim ownership for it and does in principle not changed it.
6.2 By using our services you put us in charge according to the provisions of these terms to store and make publically accessible your content in the context of our offer in its current design.
6.3 You understand that in our offer and thus in the context of your content, there may be advertising before and after your content and you hereby expressly agree to this. You also authorize us to produce from your pictures and videos reduced images (thumbnails) in order to make better use of our resources, notably through a search function. You are also aware that the technical processing and the transmission of our offer, including your contents can make it necessary to transmit over various networks and / or to apply technical changes in order to conform to technical requirements of connecting networks or devices.
6.4 You guarantee to us that you have all necessary rights to the content for which you use our services for storage, publication and / or transmission and you ensure that no third party rights of any kind, no legal provisions and the rules of these terms, especially not in point. 5.3 are violated. If you yourself are not the owner of the rights to any content you entered, you warrant that you have all necessary rights transfers, licenses, licensing agreements, consents obtained and the like effect. In the event that you breach one or more of these guarantees, pursuant to section 11 you freely agree to indemnify us in all respect from any liability to third parties.
6.5 Gloria.tv is entitled to store content and to disclose it to third parties, to the extent required by law or if deemed reasonably necessary and legally permissible, in order to satisfy (a) applicable law, or court or administrative orders, (b) to enforce the TOS; (c) to respond to claims that any content violates the rights of third parties or (d) to protect the rights, property or personal safety of Gloria.tv, its users or the public.
7 Evidence of legal violations
7.1 Gloria.tv respects the intellectual property of others, and we ask our users to do the same.
7.2 If you believe that your rights are violated by the contents of another user who uses our services to store, post or transmit its content, please let us know and provide the following information:
· a description of the copyrighted material that you believe has been infringed;
· a description of where the material is located that according to your opinion infringes copyrights;
· an electronic or physical signature of the person authorized to act in the name of the owner;
· your address, telephone number, and email address;
· a statement by you that according to your best knowledge the disputed use is not authorized by the copyright owner, its agent, or the law;
· a sworn statement by you that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright holder.
7.3 The person responsible for copyright matters at Gloria.tv is: Gloria.tv, strada Hotinului 26 Ap. 2, 3100 Mun. Balti, Republica Moldova.
7.4 Please inform us of any breach of these terms by unauthorized content. If you find that content of other users violates these terms or legal regulations, please notify us through our report abuse form. Please enter the identification data of the person who does not follow the rules, together with the content in question or a description thereof in the appropriate form field.
9 Exclusion of warranty, links
9.1 We offer our services in a graphical (etc.) presentation chosen by us, subject to the possibility to interrupt or discontinue it at any time. You use our services at your own risk. This is especially true for the downloading or other use of content, especially content of other users of our services. You are solely responsible for any damage to your computer system or to other technical devices employed to the use, for the loss of data or other damage and for damage to third parties which may be caused in this context.
9.2 Gloria.tv does not guarantee neither to you nor to other people that its offer meets your requirements and is available at all times, without interruption, timely, secure or error-free. Gloria.tv makes no warranty as to the results that may be achieved through the use of the service, or as to the accuracy and reliability of information available in the offering. Gloria.tv does not guarantee that the hardware and software used for our offer works at any time error free or that any errors in the hardware or software will be corrected, and assumes no liability for damages resulting from the use or inability to use Gloria.tv of services, including data loss or corruption arise. In particular Gloria.tv is not liable for replacement costs or for costs incurred in connection with goods or services purchased, received messages or other transactions or a change in your input or data, or otherwise in connection with the services Gloria.tv . Gloria.tv assumes no liability for the behavior of users or other third parties or for content or statements that are passed on from users or other third parties as part of the offer.
9.3 Our offer may contain references (links) to other web sites and services, including content which our users store as part of our services on our servers. We do not check the goals of these references and do not endorse content that is available on or through our services or third-party sources and accept no liability or warranty with regard to these.
10. Liability and limitation of liability
10.1 Claims for damages against Gloria.tv are excluded, irrespective of the legal basis, unless Gloria.tv, its legal representatives or vicarious agents have acted willfully or with gross negligence. Gloria.tv is liable for slight negligence only if a contractual obligation essential for reaching the goals of the contract, was injured by its legal representatives or senior employees or agents.
10.2 The aforementioned limitation of liability does not apply to claims for damages resulting from injury to life, body or health or from the assumption of a guarantee or a fraudulent concealment of defects by Gloria.tv.
10.3 If Gloria.tv be liable under paragraph 1 for slight negligence, the claim for damages is limited to foreseeable, typical damage.
10.4 Claims for damages against Gloria.tv expire after 12 months since its creation, unless they are based on an unlawful or willful act.
10.5 Insofar the liability of Gloria.tv is excluded, this also applies to companies affiliated with Gloria.tv and to the personal liability of staff, employees, representatives, partners and agents of Gloria.tv and / or associated with Gloria.tv company.
You hereby agree that you indemnify Gloria.tv, companies affiliated with Gloria.tv and employees, servants, co-workers, representatives, partners and agents of Gloria.tv and / or associated with Gloria.tv company regarding claims or claims of any kind on first demand, claims arrsing from third parties due to or in context with content that you store, publish and / or transmit as part of the Gloria.tv services or due to your use of our service or because of violation of Conditions or gathered by rights of another. This includes also reasonable attorneys' fees and court costs.
12. Trademarks and other intellectual property rights of Gloria.tv
You acknowledge that all rights to the offer of Gloria.tv and its marking, including any trade mark, patent, copyright or license rights or other rights or comparable legal positions in relation to you belong exclusively to Gloria.tv and you will not use or remove references to the legal ownership of Gloria.tv without the prior express, written consent of Gloria.tv. In particular, you may not use the brand Gloria.tv, software copy, modify, disassemble, create any derivative work thereof, and not try to discover the source code, not sell software, assign, sublicense or transfer any rights in this respect to the software or not attribute to yourself any rights. The above applies for clarification, not for your own content that you bring into our services and for similar content of other users. In that regard you will respect the rights of the other persons entitled to such content.
13. Applicable Law, Place of Performance, Jurisdiction
13.1 Moldavian law applies to the exclusion of the CISG.
13.2 Place of performance and exclusive place of jurisdiction, insofar as legally permissible, Balti, Republica Moldova.
13.3 Verbal collateral agreements do not exist. Amendments to the terms and conditions must be in writing. This also applies to the repeal or amendment of this written form clause.
13.4 If any provisions of the contract are or should become wholly or partially invalid, the rest of the contract shall remain valid. In case of such an invalidity, the parties will agree upon a replacement scheme that economically comes as close as possible to the invalid provision The same applies in the case of a loophole.
Last change August 22nd 2013