Glimmer Terms of Use
Terms of Use
Last revised on Dec. 5, 2025
Welcome to Glimmer, operated by Glimmer Industries, LLC (“us,” “we,” the
“Company” or “Glimmer”). Together you and Glimmer may be referred to as the
“Parties” or separately as “Party.”
Notice to California subscribers: You may cancel your subscription, without penalty
or obligation, at any time prior to midnight of the third business day following the
date you subscribed. If you subscribed using your Apple ID, refunds are handled by
Apple, not Glimmer. If you wish to request a refund, please visit
https://getsupport.apple.com. If you subscribed using your Google Play Store
account or through Glimmer Online, Glimmer customer support
1. Acceptance of Terms of Use Agreement.
By creating a Glimmer account or by using any Glimmer service, whether through a
mobile device, mobile application or computer (collectively, the “Service”) you agree
to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Safety
Tips, and Community Guidelines, each of which is incorporated by reference into
this Agreement, and (iii) any terms disclosed to you if you purchase or have
purchased additional features, products or services we offer on the Service
(collectively, this “Agreement”). If you do not accept and agree to be bound by all of
the terms of this Agreement, you should not access or use the Service.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN
SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL
BE ADDRESSED BETWEEN YOU AND GLIMMER. THESE PROVISIONS
INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE
RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS
COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR
MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR
RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND
APPELLATE REVIEW THAN IN COURT.
We may make changes to this Agreement and to the Service from time to time. We
may do this for a variety of reasons including to reflect changes in or requirements of
the law, new features, or changes in business practices. The most recent version of
this Agreement will be posted on the Service under Settings and also on
goGlimmer.com, and you should regularly check for the most recent version. The
most recent version is the version that applies. If the changes include material
changes to your rights or obligations, we will notify you in advance of the changes
(unless we’re unable to do so under applicable law) by reasonable means, which
could include notification through the Service or via email. If you continue to use the
Service after the changes become effective, then you agree to the revised
Agreement. You agree that this Agreement shall supersede any prior agreements
(except as specifically stated herein), and shall govern your entire relationship with
Glimmer, including but not limited to events, agreements, and conduct preceding
your acceptance of this Agreement.
2. Eligibility.
You must be at least 18 years of age to create an account on Glimmer and use the
Service. By creating an account and using the Service, you represent and warrant
that:
you can form a binding contract with Glimmer,
you are not a person who is barred from using the Service under the laws of
the United States or any other applicable jurisdiction (for example, you do not
appear on the U.S. Treasury Department’s list of Specially Designated
Nationals or face any other similar prohibition),
you will comply with this Agreement and all applicable local, state, national
and international laws, rules and regulations, including without limitation,
privacy laws, intellectual property laws, anti-spam laws, and regulatory
requirements,
you have not committed, been convicted of, or pled no contest to a felony, a
sex crime, or any crime involving violence or a threat of violence, unless you
have received clemency for a non-violent crime and we have determined that
you are not likely to pose a threat to other users of our Service, and that you
are not required to register as a sex offender with any state, federal or local
sex offender registry,
you will use the latest version of the Service (via app or website),
you do not have more than one account on the Service, and
you have not previously been removed from the Service by us, unless you
have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our
Service or systems is automatically revoked, and you must immediately delete your
account.
3. Your Account.
In order to use Glimmer, you may sign in using a number of ways, including by
telephone number, email address, or Facebook login. If you choose to use your
Facebook login, you authorize us to access and use certain Facebook account
information, including but not limited to your public Facebook profile. For more
information regarding the information we collect from you and how we use it, please
consult our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you
use to sign up for Glimmer, and you are solely responsible for all activities that occur
under those credentials. If you think someone has gained access to your account,
please immediately contact us.
4. Modifying the Service and Termination.
Glimmer is always striving to improve the Service and bring you additional
functionality that you will find engaging and useful. This means we may add new
product features or enhancements from time to time as well as remove some
features, and if these actions do not materially affect your rights or obligations, we
may not provide you with notice before taking them. We may even suspend the
Service entirely, in which event we will notify you in advance unless extenuating
circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the
instructions in “Settings” in the Service. However, if you use a third-party
payment account such as Apple’s App Store or iTunes Store, as applicable or
the Google Play Store, you will need to manage app purchases through such
an account to avoid additional billing.
Glimmer may terminate your account at any time without notice if it believes that you
have violated this Agreement. Upon such termination, you will not be entitled to any
refund for purchases. After your account is terminated, this Agreement will
terminate, except that the following provisions will still apply to you and Glimmer:
Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Interactions with Other Members.
You agree to treat other users in a courteous and respectful manner, both on and off
our Services and to be respectful when communicating with any of our customer
care representatives or other employees. Though Glimmer strives to encourage a
respectful member experience through features like the double opt-in that allows
members to communicate only after they have both indicated interest in one
another, Glimmer is not responsible for the conduct of any member on or off of
the Service. You agree to use caution in all interactions with other members,
particularly if you decide to communicate off the Service or meet in person. In
addition, you agree to review and follow Glimmer’s Safety Tips prior to using
the Service. You agree that you will not provide your financial information (for
example, your credit card or bank account information), or wire or otherwise
send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER
MEMBERS. YOU UNDERSTAND THAT GLIMMER DOES NOT CONDUCT
CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE
INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. GLIMMER MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR
COMPATIBILITY OF MEMBERS. GLIMMER RESERVES THE RIGHT TO
CONDUCT – AND YOU AUTHORIZE GLIMMER TO CONDUCT – ANY CRIMINAL
BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER
REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS
OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING
AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE
USED FOR THAT PURPOSE.
6. Rights Glimmer Grants You.
Glimmer grants you a personal, worldwide, royalty-free, non-assignable, non-
exclusive, revocable, and non-sublicensable license to access and use the Service.
This license is for the sole purpose of letting you use and enjoy the Service’s
benefits as intended by Glimmer and permitted by this Agreement. This license and
any authorization to access the Service are automatically revoked in the event that
you do any of the following:
use the Service or any content contained in the Service for any commercial
purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or
reproduce in any way any copyrighted material, images, trademarks, trade
names, service marks, or other intellectual property, content or proprietary
information accessible through the Service without Glimmer’s prior written
consent.
express or imply that any statements you make are endorsed by Glimmer.
use any robot, bot, spider, crawler, scraper, site search/retrieval application,
proxy or other manual or automatic device, method or process to access,
retrieve, index, “data mine,” or in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively
affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security
of the Service.
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without Glimmer’s prior written
authorization.
use meta tags or code or other devices containing any reference to Glimmer
or the Service (or any trademark, trade name, service mark, logo or slogan of
Glimmer) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service, or cause
others to do so.
use or develop any third-party applications that interact with the Service or
other members’ Content or information without our written consent.
use, access, or publish the Glimmer application programming interface
without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage, promote, or agree to engage in any activity that violates this
Agreement.
Glimmer may investigate and take any available legal action in response to illegal
and / or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades,
updates, or other new features. You may be able to adjust these automatic
downloads through your device’s settings.
7. Rights you Grant Glimmer.
By creating an account, you grant to Glimmer a worldwide, transferable, sub-
licensable, royalty-free, right and license to host, store, use, copy, display,
reproduce, adapt, edit, publish, modify, reformat, incorporate into other works,
advertise, distribute, and otherwise make available to the general public information
you authorize us to access from third parties such as Facebook, Google, or Apple,
as well as any information you post, upload, display or otherwise make available
(collectively, “post”) on the Service or transmit to other members (collectively,
“Content”). Glimmer’s license to your Content shall be non-exclusive, except that
Glimmer’s license shall be exclusive with respect to derivative works created
through use of the Service. For example, Glimmer would have an exclusive license
to screenshots of the Service that include your Content. In addition, so that Glimmer
can prevent the use of your Content outside of the Service, you authorize Glimmer
to act on your behalf with respect to infringing uses of your Content taken from the
Service by other members or third parties. This expressly includes the authority, but
not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA
Takedown Notices) on your behalf if your Content is taken and used by third parties
outside of the Service. Our license to your Content is subject to your rights under
applicable law (for example laws regarding personal data protection to the extent
any Content contains personal information as defined by those laws) and is for the
limited purpose of operating, developing, providing, and improving the Service and
researching and developing new ones. You agree that any Content you place or that
you authorize us to place on the Service may be viewed by other members and may
be viewed by any person visiting or participating in the Service (such as individuals
who may receive shared Content from other Glimmer members).
You agree that all information that you submit upon creation of your account,
including information submitted from your Facebook account, is accurate and truthful
and you have the right to post the Content on the Service and grant the license to
Glimmer above.
You understand and agree that we may monitor or review any Content you post as
part of the Service. We may delete any Content, in whole or in part, that in our sole
judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be
respectful and kind. If we feel that your behavior towards any of our customer care
representatives or other employees is at any time threatening, harassing, or
offensive, we reserve the right to immediately terminate your account.
In consideration for Glimmer allowing you to use the Service, you agree that we, our
affiliates, and our third-party partners may place advertising on the Service. By
submitting suggestions or feedback to Glimmer regarding our Service, you agree
that Glimmer may use and share such feedback for any purpose without
compensating you.
You agree that Glimmer may access, store, and disclose your account information
and Content if required to do so by law, by performing its agreement with you, or in a
good faith belief that such access, storage or disclosure satisfies a legitimate
interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii)
respond to claims that any Content violates the rights of third parties; (iv) respond to
your requests for customer service; or (v) protect the rights, property or personal
safety of the Company or any other person.
8. Community Rules.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose.
use the Service in order to damage Glimmer.
violate our Community Guidelines, as updated from time to time.
spam or solicit money or other items of value from another member, whether
as a gift, loan, or other form of compensation, or otherwise defraud any
members.
impersonate any person or entity or post any images of another person
without his or her permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame, or otherwise
mistreat any person.
post any Content that violates or infringes anyone’s rights, including rights of
publicity, privacy, copyright, trademark or other intellectual property or
contract right.
post any Content that is hate speech, threatening, sexually explicit or
pornographic; incites violence; or contains nudity or graphic or gratuitous
violence.
post any Content that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for
commercial or unlawful purposes from other users or disseminate another
person’s personal information without his or her permission.
use another user’s account, share an account with another user, or maintain
more than one account.
misrepresent your identity, age, current or previous positions, qualifications,
or affiliations with a person or entity.
create another account if we have already terminated your account, unless
you have our permission.
Glimmer reserves the right to investigate and/or terminate your account without a
refund of any purchases if you have violated this Agreement, misused the Service or
behaved in a way that Glimmer regards as inappropriate or unlawful, including
actions or communications that occur on or off the Service. In addition, in certain
instances, we may terminate your account for violating the applicable terms of any of
the Glimmer Industries, LLC family of businesses. In the event that you violate these
rules or our Community Guidelines, your authorization to use the Service will be
automatically revoked.
9. Other Members’ Content.
Although Glimmer reserves the right to review and remove Content that violates this
Agreement, such Content is the sole responsibility of the member who posts it, and
Glimmer cannot guarantee that all Content will comply with this Agreement. If you
see Content on the Service that violates this Agreement, please report it within the
service or via our contact form.
10. Purchases.
Generally. From time to time, Glimmer may offer products and services for
purchase (“in app purchases”) through the App Store, Google Play Store, carrier
billing, Glimmer direct billing or other payment platforms authorized by Glimmer. If
you choose to make an in app purchase, you will be prompted to confirm your
purchase with the applicable payment provider, and your method of payment (be it
your card or a third party account such as Google Play Store or the App Store) (your
“Payment Method”) will be charged for the in app purchase at the prices displayed to
you for the service(s) you’ve selected as well as any sales or similar taxes that may
be imposed on your payments, and you authorize Glimmer or the third party
account, as applicable, to charge you.
Auto-Renewal. If you purchase an auto-recurring periodic subscription through an
in app purchase, your Payment Method will continue to be billed for the subscription
until you cancel. After your initial subscription commitment period, and again after
any subsequent subscription period, your subscription will automatically continue for
an additional equivalent period, at the price you agreed to when subscribing. Your
card payment information will be stored and subsequently used for the automatic
card payments in accordance with the Agreement.
If you do not wish your subscription to renew automatically, or if you want to
change or terminate your subscription, you will need to log in to your third
party account (or Settings on Glimmer, if applicable) and follow the
instructions to terminate or cancel your subscription, even if you have
otherwise deleted your account with us or if you have deleted the Glimmer
application from your device. Deleting your account on Glimmer or deleting the
Glimmer application from your device does not terminate or cancel your
subscription; Glimmer will retain all funds charged to your Payment Method until you
terminate or cancel your subscription on Glimmer or the third party account, as
applicable. If you terminate or cancel your subscription, you may use your
subscription until the end of your then-current subscription term, and your
subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay Glimmer directly with your Payment
Method. If you pay Glimmer directly, Glimmer may correct any billing errors or
mistakes that it makes even if it has already requested or received payment. If you
initiate a chargeback or otherwise reverse a payment made with your Payment
Method, Glimmer may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting Glimmer and going to
Settings. If a payment is not successfully settled, due to expiration, insufficient
funds, or otherwise, and you do not edit your Payment Method information,
terminate or cancel your subscription, you remain responsible for any uncollected
amounts and authorize us to continue billing the Payment Method, as it may be
updated. This may result in a change to your payment billing dates. In addition, you
authorize us to obtain updated or replacement expiration dates and card numbers
for your credit or debit card as provided by your credit or debit card issuer. The
terms of your payment will be based on your Payment Method and may be
determined by agreements between you and the financial institution, credit card
issuer or other provider of your chosen Payment Method. If you reside outside of the
Americas, you agree that your payment to Glimmer will be through MTCH
Technology Services Limited.
Virtual Items. From time to time, you may be able to purchase, earn, or be granted
a limited, personal, non-transferable, non-sublicensable, revocable license to use
“virtual items,” which could include virtual products or virtual “coins” or other units
that are exchangeable within the Service for virtual products (collectively, “Virtual
Items”). Any Virtual Item balance shown in your account does not constitute a real-
world balance or reflect any stored value, but instead constitutes a measurement of
the extent of your license. Virtual Items do not incur fees for non-use, however, the
license granted to you in Virtual Items will terminate in accordance with the terms of
this Agreement, when Glimmer ceases providing the Service, or your account is
otherwise closed or terminated. Glimmer, in its sole discretion, reserves the right to
charge fees for the right to access or use Virtual Items and may distribute Virtual
Items with or without charge. Glimmer may manage, regulate, control, modify or
eliminate Virtual Items at any time. Glimmer shall have no liability to you or any third
party in the event that Glimmer exercises any such rights. Virtual Items may only be
redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF
VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-
REFUNDABLE. The provision of Virtual Items for use in the Service is a service that
commences immediately upon the acceptance of your purchase of such Virtual
Items. YOU ACKNOWLEDGE THAT GLIMMER IS NOT REQUIRED TO PROVIDE
A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT
YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED
VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE
WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no
refunds or credits for partially used periods. We may make an exception if a refund
for a subscription offering is requested within fourteen days of the transaction date,
or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa,
Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to
midnight of the third business day following the date you subscribed. In the event
that you die before the end of your subscription period, your estate shall be entitled
to a refund of that portion of any payment you had made for your subscription, which
is allocable to the period after your death. In the event that you become disabled
(such that you are unable to use the services of Glimmer) before the end of your
subscription period, you shall be entitled to a refund of that portion of any payment
you had made for your subscription, which is allocable to the period after your
disability by providing the company notice in the same manner as you request a
refund as described below. Purchases of Virtual Items are FINAL AND NON-
REFUNDABLE.
To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not
Glimmer. To request a refund, go to the App Store, click on your Apple ID, select
“Purchase history,” find the transaction and hit “Report Problem”. You can also
submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through Glimmer directly:
please contact customer support with your order number for the Google Play Store
(you can find the order number in the order confirmation email or by logging in to
Google Wallet) or Glimmer (you can find this on your confirmation email). You may
also mail or deliver a signed and dated notice which states that you, the buyer, are
canceling this Agreement, or words of similar effect. Please also include the email
address or mobile number associated with your account along with your order
number. This notice shall be sent to: Glimmer, Attn: Cancellations, 106 Surrey Lane,
Ponte Vedra Beach, FL 32082 USA.
Pricing Glimmer operates a global business, and our pricing varies by a number of
factors. We frequently offer promotional rates - which can vary based on region,
length of subscription, bundle size and more. We also regularly test new features
and payment options.
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way
that constitutes copyright infringement, please submit a takedown request using the
submission form.
If you contact us regarding alleged copyright infringement, please be sure to include
the following information:
an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on
the Service (and such description must be reasonably sufficient to enable us
to find the alleged infringing material);
your contact information, including address, telephone number and email
address, and the copyright owner’s identity;
a written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Glimmer will terminate the accounts of repeat infringers.
12. Disclaimers.
GLIMMER PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT
CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GLIMMER DOES
NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE
UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS
IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY
CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE
WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.
GLIMMER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR
ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES
THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR
OWN DISCRETION AND RISK.
GLIMMER DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY
CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.
13. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and
links to other web sites or resources. Glimmer is not responsible for the availability
(or lack of availability) of such external websites or resources. If you choose to
interact with the third parties made available through our Service, such party’s terms
will govern their relationship with you. Glimmer is not responsible or liable for such
third parties’ terms or actions.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL GLIMMER, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE
PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR
OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR
USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT
OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY
OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN
IF GLIMMER HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL GLIMMER’S AGGREGATE LIABILITY TO YOU FOR
ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR
THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO
GLIMMER DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY
PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR
ANY OTHER LEGAL PROCEEDING AGAINST GLIMMER, WHETHER IN LAW OR
IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE
IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE
GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT,
CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE
TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL
EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14
SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL
WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND
LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Dispute Resolution Section
In the unlikely event that we have a legal dispute, here is how the Parties
agree to proceed, except where prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not
apply to the users residing in that jurisdiction.
15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Service for any reason, please contact Glimmer
Customer Service first so we can try to resolve your concerns without the need of
outside assistance. If you choose to pursue a dispute, claim or controversy against
Glimmer, these terms will apply. For purposes of this Dispute Resolution Process
and Arbitration Procedures set forth in Section 15, “Glimmer” shall include our
affiliates, employees, licensors, and service providers.
Glimmer values its relationship with you and appreciates the mutual benefit realized
from informally resolving Disputes (as defined below). Before formally pursuing a
Dispute in arbitration or small claims court, you agree to first send a detailed notice
(“Notice”) to Glimmer Industries LLC Legal: 106 Surrey Lane, Ponte Vera Beach FL
USA. If Glimmer has a Dispute with you, Glimmer agrees to first send a Notice to
you at your most recent email address on file with us, or, if no email address is on
file, other contact information associated with your account. Your Notice must
contain all of the following information: (1) your full name; (2) information that
enables Glimmer to identify your account, including a picture or screenshot of your
profile, your address, mobile phone number, email address, and date of birth you
used to register your account if any; and (3) a detailed description of your Dispute,
including the nature and factual basis of your claim(s) and the relief you are seeking
with a corresponding calculation of your alleged damages (if any). You must
personally sign this Notice for it to be effective. Glimmer’s Notice must likewise set
forth a detailed description of its Dispute, which shall include the nature and factual
basis of its claim(s) and the relief it is seeking, with a corresponding calculation of
our damages (if any). You and Glimmer agree to then negotiate in good faith in an
effort to resolve the Dispute. As part of these good faith negotiations, if Glimmer
requests a telephone conference with you to discuss your Dispute, you agree to
personally participate, with your attorney if you’re represented by counsel. Likewise,
if you request a telephone conference to discuss Glimmer’s Dispute with you,
Glimmer agrees to have one representative participate. This informal process should
lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60
days after receipt of a fully completed Notice and the Parties have not otherwise
mutually agreed to an extension of this informal dispute resolution time period, you
or Glimmer may initiate an arbitration (subject to a Party’s right to elect small claims
court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any
demand for arbitration or small claims court action. Failure to do so is a breach of
this Agreement. The statute of limitations and any filing fee deadlines will be tolled
while you and Glimmer engage in this informal dispute resolution process. Unless
prohibited by applicable law, the arbitration provider, National Arbitration and
Mediation (“NAM”), shall not accept or administer any demand for arbitration and
shall administratively close any arbitration unless the Party bringing such demand
for arbitration can certify in writing that the terms and conditions of this informal
dispute resolution process were fully satisfied. A court of competent jurisdiction shall
have authority to enforce this provision and to enjoin any arbitration proceeding or
small claims court action.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GLIMMER EACH
WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE
DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR
SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND GLIMMER EACH
WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST
THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS,
INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST GLIMMER. TO
THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT
OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A
CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE
ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME
RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY
ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY
RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY
TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY
THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD
FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A
PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE,
REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT
DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH
ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR
RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL
APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS
OTHERWISE FINAL, THEN YOU AND GLIMMER AGREE THAT THAT
PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT
BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE
REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS
SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE
ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY
TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS)
SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF
THIS ARBITRATION AGREEMENT.
15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS
COURT
Any dispute, claim, or controversy between you and Glimmer (that is not resolved
informally by Glimmer Customer Service or as provided under subsection 15a
above) that arises from or relates in any way to this Agreement (including any
alleged breach of this Agreement), the Service, or our relationship with you
(collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL
ARBITRATION except as specifically provided otherwise in this Dispute Resolution
Section. “Dispute” as used in this Agreement shall have the broadest possible
meaning and include claims that arose before the existence of this or any prior
Agreement and claims that arise during the term of this Agreement or after the
termination of this Agreement. Notwithstanding the foregoing, either you or Glimmer
may elect to have an individual claim heard in small claims court. If the request to
proceed in small claims court is made after an arbitration has been initiated but
before an arbitrator has been appointed, such arbitration shall be administratively
closed. Any controversy over the small claims court’s jurisdiction shall be
determined by the small claims court. All other issues (except as otherwise provided
herein) are exclusively for the Arbitrator to decide, including but not limited to scope
and enforceability of this Dispute Resolution Section, as well as any request to
proceed in small claims court that is made after an arbitrator has been appointed. If
you or Glimmer challenges the small claims court election in your Dispute, and a
court of competent jurisdiction determines that the small claims court election is
unenforceable, then such election shall be severed from this Agreement as to your
Dispute. However, such court determination shall not be considered or deemed
binding with respect to Glimmer’s other contracting parties.
Any court proceeding to enforce this Dispute Resolution Section 15, including any
proceeding to confirm, modify, or vacate an arbitration award, must be commenced
in accordance with Section 17. In the event Dispute Resolution Section 15 is for any
reason held to be unenforceable, any litigation against Glimmer (except for small
claims court actions) may be commenced only in the federal or state courts located
in St Johns County, Florida. You hereby irrevocably consent to those courts’
exercise of personal jurisdiction over you for such purposes and waive any claim
that such courts constitute an inconvenient forum.
15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to Disputes that are submitted to NAM after fully
completing the informal Notice and Dispute resolution process described in
subsection 15a above and when no small claims court election is made by either
Party. Any arbitration between you and Glimmer shall be administered by NAM in
accordance with NAM’s operative Comprehensive Dispute Resolution Rules and
Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed
with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM
Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact
NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City,
NY 11530 and email address commercial@namadr.com. If NAM is unable or
unwilling to perform its duties under this Agreement, the Parties shall mutually agree
on an alternative administrator that will replace NAM and assume NAM’s role
consistent with this Agreement. If the Parties are unable to agree, they will petition a
court of competent jurisdiction to appoint an administrator that will assume NAM’s
duties under this Agreement.
The Parties agree that the following procedures will apply to any Arbitrations initiated
under this Dispute Resolution Section:
1. Commencing an Arbitration – To initiate an arbitration, you or Glimmer shall
send to NAM a demand for arbitration (“Demand for Arbitration”) that
describes the claim(s) and request for relief in detail, consistent with the
requirements in this Agreement and NAM Rules. If you send a Demand for
Arbitration, you shall also send it to Glimmer at Glimmer Industries Legal, 106
Surrey Lane, Ponte Vedra Beach, FL USA, within 10 days of delivery of the
Demand for Arbitration to NAM. If Glimmer sends a Demand for Arbitration,
we will also send it to your mailing address on file with us within the same 10-
day period. If your mailing address is unavailable, we will send it to your email
address on file, or if no email address is on file, other contact information
associated with your account. The arbitration provider shall not accept or
administer any demand for arbitration and shall administratively close any
such demand for arbitration that fails to certify in writing that the Party meets
the requirements of Dispute Resolution Section 15 or if either Party elects
small claims court as set forth above.
2. Fees – The payment of all fees shall be governed by the NAM Rules, except
to the extent that the case is a part of a Mass Filing (as defined below) or the
NAM fees and costs (including Arbitrator fees) paid by either Party are
reallocated upon order of the Arbitrator following a determination that (a)
either Party breached Section 15 of this Agreement, (b) such reallocation is
called for under this Agreement, or (c) reallocation is otherwise permitted
under applicable law. Upon a showing to Glimmer of your financial hardship
we will consider a good faith request made by you to pay your portion of the
applicable consumer portion of the filing fee. Glimmer is committed to
ensuring that arbitration costs to consumers do not serve as a barrier to the
adjudication of disputes. If Glimmer initiates an arbitration against you, we
shall pay all fees.
3. The Arbitrator – The arbitration shall be conducted by a single, neutral
arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator
appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim
Arbitrator and the Process Arbitrator). If a hearing is elected by either Party,
the Arbitrator shall be in or close to the location in which you reside. The
Arbitrator is bound by and shall adhere to this Agreement. In the event NAM
Rules conflict with this Agreement, the terms of this Agreement shall control.
If the Arbitrator determines that strict application of any term of Section 15 of
this Agreement (except for the small claims election, which shall be
determined by the small claims court) would result in a fundamentally unfair
arbitration (the “Unfair Term”), then the Arbitrator shall have authority to
modify the Unfair Term to the extent necessary to ensure a fundamentally fair
arbitration that is consistent with the Agreement (the “Modified Term”). In
determining the substance of a Modified Term, the Arbitrator shall select a
term that comes closest to expressing the intention of the Unfair Term.
4. Dispositive Motions – The Parties agree that the Claim Arbitrator shall have
the authority to consider dispositive motions without an oral evidentiary
hearing. Dispositive motions may be requested under the following
circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a
Party may request to file a dispositive motion based upon the pleadings; and
(b) no later than 30 days prior to the evidentiary hearing, a Party may request
to file a dispositive motion for summary judgment based upon the Parties’
pleadings and the evidence submitted.
5. Discovery – Each Party may (a) serve up to five requests for relevant, non-
privileged documents from the other Party; and (b) request that the other
Party provide verified responses to no more than 5 relevant interrogatories
(including subparts). Unless both Parties agree otherwise, no other forms of
discovery (including depositions) may be utilized. Any such discovery
requests must be served on the other Party within 21 days after the Claim
Arbitrator’s appointment. The responding Party shall provide the requesting
Party with all responsive, non-privileged documents, responses signed by the
Party themselves to the requested interrogatories, and/or any objections to
the requests within 30 days after receipt of the requests, or, in the event of an
objection to any discovery request, 30 days after the Claim Arbitrator resolves
the dispute. In the event either Party requests that the Claim Arbitrator
consider a dispositive motion on the pleadings, such written discovery
response deadlines shall be extended until 30 days following the Claim
Arbitrator’s final decision on such dispositive motion. Any disputes about
discovery or requests for extensions shall be submitted promptly to the Claim
Arbitrator for resolution. In ruling on any discovery dispute or extension
request, the Claim Arbitrator shall take into consideration the nature, amount,
and scope of the underlying arbitration claim, the cost and other effort that
would be involved in providing the requested discovery, the case schedule,
and whether the requested discovery is necessary for the adequate
preparation of a claim or defense.
6. Confidentiality – Upon either Party’s request, the Arbitrator will issue an
order requiring that confidential information of either Party disclosed during
the arbitration (whether in documents or orally) may not be used or disclosed
except in connection with the arbitration or a proceeding to enforce the
arbitration award and that any permitted court filing of confidential information
must be done under seal.
7. Arbitration Hearing – You and Glimmer are entitled to a fair evidentiary
hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are
usually simpler, less costly, and more streamlined than trials and other judicial
proceedings. The Parties agree to waive all oral hearings and instead submit
all disputes to the Claim Arbitrator for an award based on written submissions
and other evidence as the Parties may agree, unless a Party requests an oral
hearing within 10 days after the Respondent files a response. If an oral
evidentiary hearing is requested, both Parties must be personally present at
the hearing, regardless of whether either Party has retained counsel. Both
Parties must personally attend the hearing. Either Party’s failure to personally
attend the hearing, without a continuance ordered by the Claim Arbitrator for
good cause, will result in a default judgment taken against that Party.
8. Arbitration Award – Regardless of the format of the arbitration, the Claim
Arbitrator shall provide a reasoned decision, in writing within 30 days after the
hearing or, if no hearing is held, within 30 days after any rebuttal or
supplemental statements are due. The decision must clearly specify the relief,
if any, awarded and contain a brief statement of the reasons for the award.
The arbitration award is binding only between you and Glimmer and will not
have any preclusive effect in another arbitration or proceeding that involves a
different Party. The Claim Arbitrator may, however, choose to consider rulings
from other arbitrations involving a different Party. The Arbitrator may award
fees and costs as provided by the NAM Rules or to the extent such fees and
costs could be awarded in court. This includes but is not limited to the ability
of the Arbitrator to award fees and costs if the Arbitrator determines that a
claim or defense is frivolous or was brought for an improper purpose, for the
purpose of harassment, or in bad faith.
9. Offer of Settlement – The Respondent may, but is not obligated to, make a
written settlement offer to the opposing Party any time before the evidentiary
hearing or, if a dispositive motion is permitted, prior to the dispositive motion
being granted. The amount or terms of any settlement offer may not be
disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an
award on the claim. If the award is issued in the opposing Party’s favor and is
less than the Respondent’s settlement offer or if the award is in the
Respondent’s favor, the opposing Party must pay the Respondent’s costs
incurred after the offer was made, including any attorney’s fees. If any
applicable statute or caselaw prohibits the flipping of costs incurred in the
arbitration, then the offer in this provision shall serve to cease the
accumulation of any costs that claimant may be entitled to for the cause of
action under which it is suing.
10. Mass Filing – If, at any time, 25 or more similar demands for arbitration are
asserted against Glimmer or related parties by the same or coordinated
counsel or entities (“Mass Filing”), consistent with the definition and criteria of
Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute
Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at
https://www.namadr.com/resources/rules-fees-forms/), the additional
protocols set forth below shall apply.
o i. If you or your counsel file a Demand for Arbitration that fits within the
definition of Mass Filing referred to above, then you agree that your
Demand for Arbitration shall be subject to the additional protocols set
forth in this Mass Filing subsection. You also acknowledge that the
adjudication of your Dispute might be delayed and that any applicable
statute of limitations shall be tolled from the time at which the first
cases are chosen to proceed until your case is chosen for a bellwether
proceeding.
o ii. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by
NAM, in its sole discretion pursuant to its Rules and this Dispute
Resolution Section, to be part of a Mass Filing. Such election for NAM’s
Mass Filing Rules and related fee schedule must be made by either
you or Glimmer in writing and submitted to NAM and all Parties.
o iii. Bellwether Proceedings. Bellwether proceedings are
encouraged by courts and arbitration administrators when there
are multiple disputes involving similar claims against the same or
related parties. Counsel for the Mass Filings claimants (including
you) and counsel for Glimmer shall each select 15 Demands for
Arbitration (30 total), and no more than 30 arbitrations shall be
filed, processed, adjudicated, or pending at the same time, with
each of the 30 individual arbitrations presided over by a different
Claim Arbitrator, in a first set of bellwether proceedings. During
this time, no other Demands for arbitration that are part of the
Mass Filings may be filed, processed, adjudicated, or pending. If
the Parties are unable to resolve the remaining Demands for
Arbitration after the first set of bellwether proceedings are
arbitrated or otherwise resolved, then counsel for the Claimants
and counsel for Glimmer shall each select an additional 15
Demands for Arbitration (30) total to be filed, processed, and
adjudicated as individual arbitrations, with each of the 30
arbitrations presided over by a different Claim Arbitrator, in a
second set of bellwether proceedings. During this time, no other
Demands for Arbitration that are part of the Mass Filings may be
filed, processed, or adjudicated. This staged process of bellwether
proceedings, with each set including 30 Demands for Arbitration
adjudicated on an individual basis, shall continue until each
Demand included in the Mass Filings (including your Demand for
Arbitration) is adjudicated or otherwise resolved. Fees associated
with a Demand for Arbitration included in the Mass Filings,
including fees owed by Glimmer and the claimants (including
you), shall only be due after your Demand for Arbitration is
chosen as part of a set of bellwether proceedings and therefore
properly designated for filing, processing, and adjudication. Any
applicable statute of limitations shall be tolled beginning when
you initiate the informal dispute resolution process set forth in
subsection 15a of the Agreement, and if the first Mass Filings’
Demands for Arbitration are chosen for the initial set of bellwether
proceedings have been filed, your claims will remain tolled until
your Demand for Arbitration is decided, withdrawn, or is settled. A
court of competent jurisdiction located in a venue allowed under
Section 17 of the Agreement shall have the power to enforce this
subsection.
o iv. You and Glimmer agree that we each value the integrity and
efficiency of the arbitration and small claims court process and wish to
employ the process for the fair resolution of genuine and sincere
disputes between us. You and Glimmer acknowledge and agree to act
in good faith to ensure the fair resolution of genuine and sincere
Disputes. The Parties further agree that application of these Mass
Filings procedures have been reasonably designed to result in an
efficient and fair adjudication of such cases.
15e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 15 applies to all Disputes between the Parties,
including for any claims that accrued against you or Glimmer prior to the time of your
consent to this Agreement and to any claims that accrue against you or Glimmer
after your consent to this Agreement. Notwithstanding any provision in this
Agreement to the contrary, you may elect to opt out of the retroactive application of
this Dispute Resolution Section 15 as to claims that have accrued against you or
against Glimmer prior to the time of your consent to this Agreement. You may opt
out by sending us written notice, within 30 days of the time you consent to this
Agreement, to the following email address: Glimmeroptout@match.com. Please do
not direct any customer support inquiries to Glimmeroptout@match.com, as they will
not be addressed; such inquiries should be directed to customer support. You must
include information sufficient to identify your account(s), such as the email address
or phone number associated with your account(s) and should include a statement
that you are opting out of the retroactive application of this Dispute Resolution
Section 15. Please note: if you opt out of the retroactive application of this Dispute
Resolution Section 15, you will still be subject to and bound by any Dispute
Resolution Sections and Arbitration Procedures you previously agreed to, including
any arbitration provisions, class action waivers, and retroactive application sections.
Also, regardless of whether you opt out of the retroactive application of these
changes, the Parties will resolve any claims that accrue against you or Glimmer after
your consent to this Agreement in accordance with this Dispute Resolution Section.
16. Governing Law.
Florida law and the Federal Arbitration Act will apply to any Dispute (except
where prohibited by law).
To the fullest extent allowable by law, the laws of Florida, U.S.A., without regard to
its conflict of laws rules, shall apply to any Dispute arising out of or relating to this
Agreement, the Service, or your relationship with Glimmer. Notwithstanding the
foregoing, the Dispute Resolution Process set forth in Section 15 above shall be
governed by the Federal Arbitration Act.
17. Venue/Forum Selection.
To the fullest extent allowable by law, any claims that are not arbitrated for
any reason must be litigated in St Johns County, Florida (except for claims
filed in small claims court).
Except where prohibited by law and except for claims that are heard in a small
claims court as set forth in Section 15, any claims arising out of or relating to this
Agreement, to the Service, or to your relationship with Glimmer that for whatever
reason are not required to be arbitrated or filed in small claims court, will be litigated
exclusively in the federal or state courts located in St Johns County, Florida U.S.A.
You and Glimmer consent to the exercise of personal jurisdiction of courts in the
State of Florida and waive any claim that such courts constitute an inconvenient
forum.
18. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and
hold harmless Glimmer, our affiliates, and their and our respective officers, directors,
agents, and employees from and against any and all complaints, demands, claims,
damages, losses, costs, liabilities and expenses, including attorney’s fees, due to,
arising out of, or relating in any way to your access to or use of the Service, your
Content, or your breach of this Agreement.
19. Entire Agreement; Other.
This Agreement, which includes the Privacy Policy, Cookie Policy, Safety Tips,
Community Guidelines, and any terms disclosed to you if you purchase or have
purchased additional features, products or services we offer on the Service, contains
the entire agreement between you and Glimmer regarding your relationship with
Glimmer and the use of the Service, with the following exception: anyone who opted
out of the retroactive application of Section 15 is still subject to and bound by any
prior agreements to arbitrate with Glimmer as well as this agreement to arbitrate on
a going forward basis. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. The failure of
Glimmer to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. You agree that your Glimmer account
is non-transferable and all of your rights to your account and its Content terminate
upon your death. No agency, partnership, joint venture, fiduciary or other special
relationship or employment is created as a result of this Agreement and you may not
make any representations on behalf of or bind Glimmer in any manner.