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Introduction. Welcome to the GrowIt application
and any other products or services owned or operated by Glority Global
Group Limited (“Company” or “Glority” or “Glority LLC” or “we” or “us” or “our”) (collectively, the “Glority Service”). To access the Glority Service, you must at all times agree to and
abide by these terms of use, including any additional guidelines
referenced herein, and any future modifications (collectively, these
“Terms”). These Terms are a legal contract between you, a user of at least 18
years of age (“you” or “User”), and Glority regarding your use of the Glority Services.
By subscribing to, or registering for the Glority Service, you agree to be
bound by these Terms.
Although Glority Service is always striving to improve itself, it is not
perfect. While Glority make reasonable efforts to ensure the information
provided is accurate, Glority cannot ensure the accuracy, completeness and
reliability of any and all information, data or content on the Service.
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Authorized Users. Your access to and use of the Glority Service is
subject to all applicable international, national, federal, state and
local laws and regulations. You agree that you will not use Glority
Service in any manner or for any purposes that are unlawful or
prohibited by these Terms. The Glority Service is not for persons
under the age of 18. If you are under 18 years of age, then please do
not use Glority Service.
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Privacy Policy. Your use of the Glority Service is
governed by the Glority privacy policy available at [insert link] (the “Privacy Policy”), which is hereby incorporated by reference into the Terms, and,
where required by applicable laws, we will separately ask you to consent
to our collection, use and disclosure of any personal information you
provided to us in accordance with the Privacy Policy.
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Changes. Glority may revise this Terms from time to time.
When changes are made, Glority will provide you
the revised Terms in the form permitted reasonably in advance before our
proposed date of application. The amendment is deemed to have been
approved by you if you have not objected to the amendment before the
proposed date for the amendments to take effect. Glority will
specifically inform you when sending the revised Terms about such deemed
approval. Glority will then base the further business relationship on
the amended version of the Terms.
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Limited License. Subject to the terms and conditions of these Terms,
Glority hereby grants you a limited, revocable, non-transferable, non-exclusive,
non-sublicensable license to use the Glority Services (and all updates
or upgrades provided) solely for private, non-commercial purposes in
accordance with these Terms.
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Ownership; Proprietary Rights. The Glority Service is
owned and operated by Glority. The content, visual interfaces,
information, graphics, design, compilation, computer code, products,
software, algorithms, services, and all other elements of the Glority
Service that are provided by Glority (“Glority Materials”) are protected by copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property
and proprietary rights, and applicable laws. For clarity, Glority
Materials do not include any User Content (defined below) or content
from third party sites, whether Glority Service provides a link to them
or not. All Glority Materials contained on Glority Service are the
copyrighted property of Glority or affiliated companies and/or third
party licensors. All trademarks, service marks, and trade names are
proprietary to Glority or
its affiliates and/or third party licensors. Except as expressly
authorized by Glority, or allowed by statutory law, you agree not to
sell, license, distribute, copy, modify, publicly perform or display,
transmit, publish, edit, adapt, decompile, disassemble, reverse
engineer, create derivative works from, or otherwise make unauthorized
use of Glority Materials.
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Restrictions. As a condition of your use of the Glority
Service, you will not use Glority Service for any purpose that is
unlawful or prohibited by these Terms. Access to Glority Materials and
the Glority Service from territories where their contents are illegal is
strictly prohibited. Users are responsible for complying with all local
rules, laws, regulations and policies, including, without limitation,
rules about intellectual property rights, the internet, technology,
data, email, and/or privacy.
Any use by User of any of Glority Materials other than for private use is
prohibited.
You will not use the Glority Service in any manner that could damage,
disable, overburden, or impair it or interfere with any other person’s use
of the Glority Service. You will not take any action that imposes an
unreasonable or disproportionately large load on Glority’s infrastructure.
You will not intentionally interfere with or damage the operation of the
Glority Service or any user’s enjoyment of it, by any means, including
uploading or otherwise disseminating viruses, worms, or other malicious
code. You will not remove, circumvent, disable, damage or otherwise
interfere with any security-related features of the Glority Service,
features that prevent or restrict the use or copying of any content
accessible through the Glority Service, or features that enforce
limitations on the use of the Glority Service. You will not attempt to
gain unauthorized access to the Glority Service, or any part of it, other
accounts, computer systems or networks connected to the Glority Service,
or any part of it, through hacking, password mining or any other means or
interfere or attempt to interfere with the proper working of the Glority
Service or any activities conducted on the Glority Service. You will not
obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Glority Service. You agree
neither to modify the Glority Service in any manner or form, nor to use
modified versions of the Glority Service, including (without limitation)
for the purpose of obtaining unauthorized access to the Glority Service.
Glority Service may contain robot exclusion headers. You agree that you
will not use any robot, spider, scraper, or other automated means to
access the Glority Service for any purpose without our express written
permission or bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the Glority Service. You will not
utilize framing techniques to enclose any trademark, logo, or other
Glority Materials without our express written consent. You will not use
any meta tags or any other “hidden text” utilizing Glority’s name or
trademarks without our express written consent.
You will not deep-link to the Glority Service and will promptly remove any
links that Glority finds objectionable in its sole discretion. You will
not use any Glority logos, graphics, or trademarks as part of the link
without our express written consent.
You will not send junk mail to other users of the Glority Service,
including, but not limited to unsolicited advertising, promotional
materials or other solicitation material, bulk mailing of commercial
advertising, chain mail, informational announcements, charity requests,
and petitions for signatures.
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Your Content.
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Prohibited Content. You shall not use the Glority Service
to create, upload, download, copy, publish or propagate any images,
sounds, videos, data, text, information or any other materials or
content (collectively, “Content”) that: (a) breaches any rule, law, regulation or policy; (b)
harms national interests, endangers national security or divulges
national secrets; (c) incites ethnic or racial discrimination or
hatred; (d) undermines the social stability; (e) contains obscenity,
sexual connotation, pornography, gambling, violence, murder, or
terror; (f) insults or defames others or infringes others’ lawful
rights and interests; or (g) contains abusive or threatening
information.
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License to Your Content. You hereby grant
Glority a worldwide, non-exclusive, irrevocable, royalty-free,
fully-paid, perpetual, sublicensable (through multiple tiers), fully
transferable license to use, distribute, reproduce, create derivative
works from, publish, translate, publicly perform and publicly
display any Content that you upload or publish to the Glority
Services (collectively, “Your Content”), in any format or medium now known or later developed for
marketing purposes in connection with the Glority Service; in
particular in-App marketing. Glority can use Your Content in the App
and in Glority’s other products or services, and can transfer the
license or authorization of using such information and content to
its related companies and cooperation partners with no need to
obtain your consent again. Glority reserves the right to display
advertisements and sponsorships in connection with Your Content.
Glority has the right to remove, at its sole discretion and without notice
to you, Your Content if it infringes others’ rights and interests. Glority
has the right to suspend or terminate access to the Glority Service to any
user who uses the Glority Service in breach of copyright law or other
intellectual property law.
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Intellectual Property Infringement. You confirm that at all
times: (i) Your Content does not infringe any third party’s
intellectual property, right of reputation, right of name, right of
privacy, moral rights and other lawful rights and interests; (ii)
you own or have the necessary licenses, rights, consents and
permissions for your use of Your Content in connection with the
Glority Services and Glority’s use of Your Content pursuant to
Section 8(b).
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Identity Authentication. Glority uses many techniques
to identify you when you register for and/or access, browse, use or
subscribe to the Glority Service. This verification is only an
indication of increased likelihood that your identity is correct. You
authorize Glority, directly or through third parties, to make any
inquiries Glority considers necessary to validate your registration.
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User Account Information. You agree that the
information you provide to Glority upon registration and, at all other
times, will be true, accurate, current, and complete. You also agree
that you will ensure that this information is kept accurate and
up-to-date at all times. When you register, you will be asked to provide
a password. As you will be responsible for all activities that occur
under your password, you should keep your password confidential. You are
solely responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your
account or password. If you have reason to believe that your account is
no longer secure (for example, in the event of a loss, theft or
unauthorized disclosure or use of your account ID, password), you will
immediately notify Glority. You will be liable for the losses incurred
by Glority or others due to any unauthorized use of your account.
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Communications; Notice. Under these Terms, you consent
to receive communications from Glority electronically. We will
communicate with you by email or by posting notices on the Glority
Service. Except as explicitly stated otherwise, any notices which we may
send under these Terms will be sent to the email address you provide to
Glority during the registration process. Except in case a declaration is
of special importance (e.g. notice of termination), notices sent by
email shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid.
Alternatively, we may give you legal notice by mail to the address
provided during the registration process. In such case, notice shall be
deemed given three days after the date of mailing.
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Feedback. You may, but are not required to, provide
suggestions, comments, ideas, or know-how, in any form, to Glority
related to the Glority Services (“Feedback”). Any Feedback shall not be considered your confidential information
and may be used by Glority for marketing purposes in connection with the
Glority Service; in particular in-App marketing. There shall be no
obligation to provide compensation for use of Feedback.
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Third Party Sites. The Glority Service may include
links to other websites or services solely as a convenience to users
(“Linked Sites”). Glority does not endorse any Linked Sites or the information,
material, products or services contained on Linked Sites or accessible
through Linked Sites. Furthermore, Glority makes no express or implied
warranties, guarantees or endorsements with regard to the information,
material, products, or services that are contained on or accessible
through Linked Sites. Access and use of linked sites, including the
information, material, products, and services on linked sites or
available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Glority Service are
solely between you and such advertiser. You agree that Glority will not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Glority Service.
Glority may make changes to or discontinue any of the content or services
available on the Glority Service at any time, and without notice. The
content or services on the Glority Service may be out of date, and Glority
makes no commitment to update these materials.
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User Content. You acknowledge and agree that: (a)
Content is provided to you AS IS and that Glority is not responsible for
examining or evaluating Content created, uploaded, publish or propagate
or otherwise made available by end users through the Glority Services
(“User Content”); (b) Glority does not guarantee accuracy of any such User Content or
that such User Content will continue to be available; (c) by using the
Glority Services, you may encounter User Content that you deem
offensive, indecent, or objectionable and that such User Content may not
be labelled as such; and (d) Glority has no liability to you for any
such User Content.
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Termination. You may terminate Your Account at any
time, for any reason or for no reason.
For important reasons, such as if we stop providing the Glority Service to
our customers generally, Glority may suspend or terminate your account or
your use of Glority Service at any time. Glority may also block your
access, if (a) you breach these Terms or any applicable laws; (b) Glority
is unable to verify or authenticate any information you provide to us; or
(c) Glority reasonably believes that your actions may cause financial loss
or legal liability for you, our Users or Glority. We also reserve the
right to take further legal action against you based on you breach of
these Terms or any other obligations you have towards Glority under
applicable laws.
If Glority terminates your right to use, then: (i) all rights granted to
you under these Terms shall cease; ii) you must immediately cease all
activities authorised by these Terms, including you use of the Glority
Service; (iii) you must immediately delete or remove the Glority Service
from all devices, and immediately destroy all copies of the Glority
Service then in your possession, custody or control.
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LIMITATION OF LIABILITY.
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Nothing in these Terms excludes or limits Glority’s liability (i)
for damages caused by wilful misconduct or with gross negligence by
Glority, Glority’s legal representatives or assistants in
performance as well as (ii) for fraud or fraudulent
misrepresentation by Glority, Glority’s legal representatives or
assistants in performance (iii) for damages caused by the absence of
guaranteed characteristics, or (iv) for claims under the German
Product Liability Act.
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Subject to section a. above, Glority has no obligation to you and is
not liable for restoring User Content if it is damaged or lost. You
are obliged to back-up data on a regular basis according to the
state of the art.
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We only supply Glority Service for domestic and private use. You
agree not to use Glority Service, or any content on Glority Service,
for any commercial or business purposes.
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The Glority Service is only for your general information and is for
recreational use. In particular, the Glority Service does not
constitute any form of advice, recommendation or arrangement by
Glority and is not intended to be relied upon by you in making (or
re-fraining from making) any specific decisions.
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The Glority Service may contain inaccuracies or typographical
errors. We make no representations about the reliability,
availability, timeliness or accuracy of the content included on the
Glority Service.
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Governing law and jurisdiction.
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The use of the Glority Services as well as these Terms are governed
by and construed in accordance with the laws of the Federal Republic
of Germany without regard to the United Nations Convention on
Contracts for the International Sale of Goods and private
international laws (e.g. conflict of laws principles).
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This does not deprive consumers of the protection afforded to them
by provisions that cannot be derogated from by agreement by virtue
of the law which, in the absence of a choice of law, would have been
applicable; e.g. consumer laws of the consumer’s state of habitual
residence.
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Miscellaneous.
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Waiver. A provision of these Terms may be
waived only by a written instrument executed by the party entitled
to the benefit of such provision. The failure of any party at any
time to require performance of any provision of these Terms shall in
no manner affect such party’s right at a later time to enforce the
same. A waiver of any breach of any provision of these Terms shall
not be construed as a continuing waiver of other breaches of the
same or other provisions of these Terms.
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Severability. Each of the clauses of this
Terms of Use operates separately. If any provision of these Terms is
decided by any court or relevant regulatory authority to be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions (which shall
remain in full force and effect).
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Assignment. The Terms, and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Glority without restriction.
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Survival. Sections 6, 8(b), 10, 11, 13, 16,
17, 18, 19, and 20 will survive any termination of these Terms.
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Headings. The heading references herein are
for convenience purposes only, do not constitute a part of these
Terms, and shall not be deemed to limit or affect any of the
provisions hereof.
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Entire Agreement. These Terms are the entire
agreement between you and Glority relating to the subject matter
herein and shall not be modified except in writing, signed by both
parties, or by a change to these Terms made by Glority as set forth
in Section 4.
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End-User Terms Required by Apple. If you have downloaded the
Glority Services mobile application (the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you
acknowledge that you have read, understood, and agree to the
following notice regarding Apple. These Terms are between you and
Glority only, not with Apple, and Apple is not responsible for the
Glority Service and the content thereof. Apple has no obligation
whatsoever to furnish any maintenance and support services with
respect to the App. In the event of any failure of the App to
conform to any applicable warranty, then you may notify Apple and
Apple will refund any applicable purchase price for the App to you;
and that, to the maximum extent permitted by applicable law, Apple
has no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or any
third party relating to the App or your possession and/or use of the
App, including: (a) product liability claims; (b) any claim that the
App fails to conform to any applicable legal or regulatory
requirement; and (c) claims arising under consumer protection or
similar legislation. Apple is not responsible for the investigation,
defense, settlement and discharge of any third party claim that the
App and/or your possession and use of the App infringe that third
party’s intellectual property rights. You agree to comply with any
applicable third party terms, when using the App. Apple, and Apple’s
subsidiaries, are third party beneficiaries of these Terms, and upon
your acceptance of these Terms, Apple will have the right (and will
be deemed to have accepted the right) to enforce these Terms against
you as a third party beneficiary of these Terms.
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Queries. You may contact us at the address below with any
questions, complaints or claims regarding the Glority Services. In
addition, please also see the contact details included in the
imprint, available here:
Address: 11/F., Capital Centre, 151 Gloucester Road, WanChai, Hong Kong
Email: support@growmyfoodai.com
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Copyright. If you believe that anything on the Glority
Services infringes a copyright that you own or control, you may file
a notice with our designated agent:
Glority LLC
Email: copyright@glority.com
If you file a notice with our designated agent it should contain the
following information: (i) contain the physical or electronic signature of
a person authorized to act on behalf of the copyright owner; (ii) identify
the copyrighted work claimed to have been infringed; (iii) identify the
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 let us locate the
material; (iv) provide your contact information, including your address,
telephone number, and an email address; (v) provide a personal statement
that you have a good-faith belief that the use of the material in the
manner complained of is not authorized by the copyright owner, its agent,
or the law; (vi) provide a statement that the information in the
notification is accurate and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
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Online dispute resolution platform and consumer dispute
resolution. The European Commission provides an online dispute resolution
platform which can be found at http://ec.europa.eu/consumers/odr/.
Glority does not participate in dispute resolution procedures before
a consumer dispute resolution body.