GlassPass Terms of Use

Section 1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GlassPass LLC (as applicable, “GlassPass”, "Company", “we”, “us”, or “our”), concerning your access to and use of the https://glasspass.co website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), and any Items, Marketplace Offerings or services, including our Item trading services and our auction services, supplied by or on behalf of us through the Site (collectively, the “Service(s)”). The Site provides an online marketplace for the following goods, products, and/or services: glass art (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. These Terms of Use apply to all users of the Site and Services, including without limitation users who are Buyers, Sellers, browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully as they contain important information about your legal rights, remedies and obligations. Please note these Terms of Use contain an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

YOU AGREE THAT BY ACCESSING THE SITE AND USING THE SERVICES, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SITE, THE SERVICES, AND THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. If we make changes to these Terms of Use, we will alert you by updating the “Last updated” date of these Terms of Use. We may also notify you, either through an email notification or through other reasonable means. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. If you disagree with the revised Terms of Use, you may terminate this agreement with immediate effect. No changes will apply retroactively.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Services Description: The GlassPass Service is a technology platform that provides an online social marketplace in which consumers, retail stores, and artists can list and sell their glass art items ("Items"), and buyers can browse and purchase Items. Users who purchase Items through the Service are "Buyers", and users who list and sell Items through the Service are "Sellers". A user may be both a Buyer and Seller. All purchases are made directly between the Buyer and Seller. The actual contract for sale is directly between Buyer and Seller. GlassPass is not a traditional auctioneer, nor is it a Seller or carrier. GlassPass does not own, create, sell, resell, provide, control, manager, offer, or deliver any Marketplace Offerings. GlassPass is not acting as an agent in any capacity for any Buyer or Seller. The Service includes pricing and listing assistance, if requested, and a Shipping Guide. The Service does not include buying or selling. We may also help facilitate the resolution of disputes between our Buyers and Sellers. GlassPass has no control over and does not guarantee: (a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service; (b) the truth or accuracy of Sellers’ content or listings on the Service; (c) the ability of Sellers to sell Items through the Service and ship Items within required shipping windows; (d) the ability of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through the Service.

Section 2. USER REGISTRATION

You may be required to register with the Site in order to access the Marketplace Offerings and use some of our Services.

You must be 18 years or older to use our Site and Services. Persons under the age of 18 are not permitted to use or register for the Site or use the Service.

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, impersonating another person, or otherwise objectionable.

Section 3. YOUR USE OF OUR SITE AND SERVICES

By using the Site or Service you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you will not access the Site, Service, or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Site or Service for any illegal or unauthorized purpose; and (6) your use of the Site, Service, or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site, Service, or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site. See Section 13. Prohibited Activities below.

You are responsible for paying all fees that you owe to GlassPass. You are also solely responsible for collecting and/or paying any applicable tax for any purchases or sales you make through our Services.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.

Advertising Rights. By using our Services, you grant GlassPass the non-exclusive right to use, reproduce, and display your name, logo, and/or Item images in GlassPass’s marketing materials.

Section 4. CONTRIBUTION LICENSE

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material or content that you post (collectively, "Contributions"). By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion: (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Section 5. RESPONSIBILITY FOR USER GENERATED CONTRIBUTIONS

You are solely responsible for all Contributions that you upload and for all items that you sell or purchase via the Service. Contributions may be viewable by other users of the Site or Service and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site or Service to use your Contributions in any manner contemplated by the Site, Service, and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site, Service, and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, defamatory, threatening, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site, Service, and the Marketplace Offerings.

Section 6. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the Service or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Section 7. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, defamatory, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Section 8. MOBILE APPLICATION LICENSE

Use License

If you access the Marketplace Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Section 9. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Section 10. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site, the Service, and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use and for no other purpose. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Section 11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice, at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site, the Services, or the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, Service, or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Service during any downtime or discontinuance of the Site, Services, or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

Section 12. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Section 13. PROHIBITED ACTIVITIES

You may not access or use the Site or Service for any purpose other than that for which we make the Site or Service available. The Site or Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site or Service, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on the Site.
  4. Contact another user, Buyer or Seller for any purpose other than responding to an inquiry related to a Marketplace Offering, including, but not limited to, recruiting, or otherwise soliciting any user, Buyer, or Seller to join third-party services, applications, or websites.
  5. Use the Site or Service to make or accept a sale independent of the Service to circumvent any commission fees or for any other reason.
  6. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  7. Engage in unauthorized framing of or linking to the Site.
  8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  9. Make improper use of our support services or submit false reports of abuse or misconduct.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  11. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  12. Attempt to impersonate another user or person or use the username of another user.
  13. Sell or otherwise transfer your profile.
  14. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  15. Use the Marketplace Offerings or Services as part of any effort to compete with us or otherwise use the Site, Service, and/or the Content for any revenue-generating endeavor or commercial enterprise.
  16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Service.
  17. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  18. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings or Services to you.
  19. Delete the copyright or other proprietary rights notice from any Content.
  20. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  21. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. Use the Site or Service in a manner inconsistent with any applicable laws or regulations.
  25. Upload or transmit (or attempt to upload or to transmit) any material that could be considered adult content, including drugs, nudity, and activities that are overly suggestive or provocative.
  26. Upload or transmit (or attempt to upload or to transmit) any material containing violent, disrespectful, abusive, obscene, vulgar, or otherwise insensitive or offensive content.
  27. Sell or attempt to sell any Item that is specifically designed for the consumption of a controlled substance, including marijuana, and therefore considered drug paraphernalia and illegal according to 21 U.S. Code § 863.
  28. Buy or attempt to buy any Item that is specifically designed for the consumption of a controlled substance, including marijuana, and therefore illegal according to 21 U.S. Code § 863.
  29. Sell or attempt to sell any counterfeit or otherwise misrepresented goods.

Section 14. MARKETPLACE OFFERINGS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

Section 15. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Section 16. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site, the Service, and the Marketplace Offerings.

Section 17. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site or Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and Service is hosted in the United States. If you access the Site or Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Section 18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Section 19. PURCHASES AND PAYMENT

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, ITEM DESCRIPTIONS OR THE SELLER’S REPRESENTATIONS AND THE BUYER’S ABILITY TO PAY FOR THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.

Prohibited Items: GlassPass prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items Policy.

Sellers: You must have the right to sell the Items that you make available for sale through the Service. You must describe your Item (including the price with any shipping or other costs) and all terms of sale in your listing truthfully, accurately, and completely. Seller is solely responsible for, and bears all liability for, fulfillment of an order, including packaging and shipping Items and customer service. Seller is responsible for any costs or charges related to shipping-related problems, including without limitation, damaged or lost Items, late shipments or misdelivery. If the Item arrives broken or damaged, you will not receive your payment. If you do not send the Item as it was described on the Service or do not send it at all, you will not receive your payment. You must film and document the packaging process according to the Shipping Guidelines. Pelicans or other foam-filled cases must be opened and shown on camera.

Buyers: You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer is accepted by the Seller, you have a contract with the Seller. You are responsible for recording and creating a video of the unopened box containing the item before it is opened, and throughout the opening process. A clear, uncut, and unaltered video of the entire unboxing process from before the box is opened to after the item is unwrapped is required to make any claim for a return or refund. Please see below for full requirements of the unboxing video.

Unboxing Video Requirements: 1. Video must begin with box completely sealed and unopened, with all labels uncut and in-tact 2. State the date, time, username, and listing name in the video 3. Box must be shown in complete view of the camera at all times 4. Before box is opened, show the labels, tape, and all sides of the box in clear view of the camera, and lift box into the air. 5. Show all pieces of tape on box to verify the box is sealed. Show tape to make sure it wasn’t removed. 6. When opening the box, remove all contents on camera and open all items in the package in frame. Show the entire inside of the box. 7. Video must not have any edits or cuts, and must be the original copy. 8. Pelicans or other foam-filled cases must be opened and shown on camera.

Purchases: Buyers may offer to purchase Items from Sellers through the Service. Once an offer is accepted by Seller, the sale transaction is binding on both Seller and Buyer, and no returns, refunds, cancellations, or retractions are allowed, except as permitted by these Terms of Use and Return Policy, which is incorporated into these Terms of Use. Once the offer is accepted by Seller, Buyer must pay the purchase price and shipping costs for the Item through the Service within 24 hours, or the offer and sale are canceled. GlassPass will collect payment from the Buyer at the time of purchase. Upon receipt of payment by GlassPass, Seller must ship the Item to the Buyer according to the Shipping Guide (and corresponding shipping method) within three (3) business days after notification of GlassPass’s receipt of payment. The Seller will ship the Item to the Buyer’s shipping address sent to Seller’s email address attached to their account. Seller must upload tracking information into the app and send it to the Buyer. If the Seller does not ship the Item within that time period, then we will notify Seller and give Seller a set amount of time to ship the Item before we cancel the order automatically. Seller transfers title to the Item upon shipment.

Once the package arrives at Buyer’s address, Buyer must create unboxing video as described above. Once the package arrives and video is created, Buyer’s obligations are complete, unless Buyer requests a permitted return or refund within three (3) days of receipt as determined by the tracking information submitted by the Seller. For example, if the Item is received on a Monday, a permitted return must be requested no later than by midnight Thursday. Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify GlassPass of any issues with the Item within three (3) days of receipt of the Item(s), as determined by the tracking information submitted by the Seller), then GlassPass will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), and minus GlassPass’s commission, as set forth in the Fee Policy, which is incorporated into these Terms of Use. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third-party payment provider (e.g., by ACH from GlassPass chosen financial institution or other methods).

We accept the following forms of payment:

  • Mastercard
  • Visa
  • American Express
  • Discover
  • Apple Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases, including any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Section 20. REQUESTS FOR CANCELLATIONS AND RETURNS

Cancellations: If you are a Seller and are unable to complete a transaction, you must notify the Buyer and cancel the transaction. If the Buyer already submitted payment, you must issue a full refund. Keep proof of any refunds in the event a dispute arises.

If you are a Buyer who would like to request a cancellation, please contact the Seller directly and alert GlassPass by emailing support@glasspass.co. A Seller may cancel a transaction under the following circumstances:

  • The Buyer did not pay. (The Seller may flag a Buyer for a payment not received, chargeback, or canceled payment.)

  • Both the Buyer and Seller agree to cancel the transaction before shipment, and the Seller has issued a full refund.

  • The Seller has decided to refuse service to the Buyer, and if the Buyer has already paid, the Seller has issued a full refund, including shipping.

  • The Buyer did not receive the item(s) ordered, even though the Seller has provided proof of shipping, and the Seller has issued a refund for the Item. (Refunding shipping is optional.)

  • The Buyer and Seller agreed that the Buyer could return the Item to the Seller for a refund. The Seller has received the returned Item and issued a refund to the Buyer for the item. (Refunding shipping is optional.)

All cancellations must follow these policies:

  • The order meets one of the above criteria.

  • The Buyer has not yet received their item. (Received orders don’t qualify for cancellation unless Seller agrees Buyer may return the Item.)

  • The Seller refunds the Buyer in full, except as described above.

  • The cancellation meets all of GlassPass’s policies.

Returns: As described in our Return Policy, returns or requests for refunds must be requested within 3 days of receipt of the Item(s), as determined by the tracking information submitted by the Seller. GlassPass will allow you to request a refund or return an Item if the Item was never shipped by the Seller, if the Item is damaged during shipment, if it is Not As Described on the Service, or the shipment is lost. As a Buyer or a Seller, GlassPass has no obligation to you if an Item is lost, damaged, or arrives later than expected, or is the wrong Item.

Item Not as Described An Item is Not As Described if the Buyer can demonstrate that it is significantly different from the Seller’s listing description or photos. Here are a few examples of an Item Not As Described:

  1. The Item received is a different color, model, or size.

  2. The Item has a different design.

  3. The Seller failed to disclose that an Item is damaged or is missing parts.

  4. The Buyer received the incorrect quantity of Item s (e.g., the Buyer purchased two Items but only received one).

  5. The condition of the Item is misrepresented (e.g., the Item is described as new but is used).

Item Lost or Damaged

As noted above, you are responsible for recording and creating a video of the unopened box containing the item before it is opened, and throughout the opening process. A clear, uncut, and unaltered video of the entire unboxing process from before the box is opened to after the item is unwrapped is required to make any claim for a return or refund.

If the Item you receive is Not As Described on the Service, damaged due to poor packaging, or the shipment is lost, then you may request a return or refund (as applicable) by reporting the issue through the Service by sending an email to support@glasspass.co, in each case within three (3) days after delivery (as determined by the tracking information submitted by the Seller) of the Item.

Refunds for Items Not As Described will not be issued until the Item is returned to Seller. If Seller requests return of a damaged Item, shipping costs will be paid by Seller.

Section 21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Section 22. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site or the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, THE SERVICES, AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, THE SERVICES, AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. The Terms of Use will remain in effect even after your access to the Site or Services is terminated, or your use of the Site or Services ends.

Section 23. DISCLAIMERS AND LIMITATION OF LIABILITY

Items You Purchase: GlassPass is not affiliated with or endorsed by any artist, manufacturer, retailer, or brand of the Items made available through the Service: GlassPass does not manufacture, store, test, or inspect any of the Items sold through our Services. GlassPass is a marketplace and technology platform. The Items in our marketplace are produced, listed, and sold directly by independent Sellers. GlassPass does not obtain title to any purchased Items and does not act as a Buyer, Seller (or affiliate for a Buyer or Seller) or broker with respect to any transactions. As such GlassPass cannot and does not guarantee or endorse the authenticity, quality, safety, or legality of any Items offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Items or of Buyers to buy Items. We cannot assure that all transactions will be completed. Additionally, GlassPass does not guarantee the ability or intent of users to fulfill their obligations in any transactions. GlassPass reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting GlassPass and its users from illegal or wrongful activities or other violations of these Terms. There are risks that you assume when dealing with other users, including those who may be acting under false pretenses, and all of these risks are borne by you, and not GlassPass.

You release GlassPass from any claims related to Items sold through our Site and Service, including defective items, misrepresentations by Sellers, or Items that cause physical injury.

We encourage you to use the various functionalities of the Site and Service (e.g., our Item commenting system, and our direct messaging platform) to help evaluate the user with whom you are dealing. GlassPass does not control the behavior of users of the Site and Service or the information or User Contributions (defined below) provided by other users.

ALL CONTENT OF THIS SITE, SERVICES, AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE CONTENT, MATERIALS, CONTRIBUTIONS, MARKETPLACE OFFERINGS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND MARKETPLACE OFFERINGS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. GLASSPASS, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, MARKETPLACE OFFERINGS, AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE AND SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS ON THE SITE OR THE SERVICES, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GLASSPASS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION, CONTRIBUTIONS, OR MATERIALS PROVIDED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF THE ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED USERS. TO THE EXTENT THAT A STATE OR DISTRICT DOES NOT PERMIT THE EXCLUSION OF LIABILITY AS SET FORTH HEREIN, GLASSPASS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR DISTRICTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO GLASSPASS AS A SELLER DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) FIVE DOLLARS ($5.00).

Section 24. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Service, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Section 25. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GlassPass, its parent, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, contractors, interns, agents, and vendors from and against any and all claims, actions, demands, liability, loss, damage, judgments, settlements, costs, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to: (i) your use of the Site or Services; (ii) your breach of any of these Terms of Use or the documents incorporated by reference; (iii) any violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) any violation of law; or (v) any claim that GlassPass is obligated to pay any taxes, fines, or penalties in connection with Buyer or Seller activities. Notwithstanding the foregoing, GlassPass reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GlassPass, and you agree to cooperate, at your expense, with GlassPass’s defense of such claims. GlassPass will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Section 26. DISPUTES WITH OTHER USERS

You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Site or Service and GlassPass will have no liability or responsibility with respect thereto. GlassPass reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Release of GlassPass. In the event you have a dispute with one or more users, you release GlassPass (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Section 27. DISPUTES WITH GLASSPASS

Governing Law; Jurisdiction: The Site is created and controlled by GlassPass in the state of California. These Terms of Use shall be governed by and construed in accordance with the laws of the United States and by the laws of the state of California, without giving effect to the conflict of laws provisions, thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of California. Nothing in these Terms of Use will prevent GlassPass from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter. For any actions not subject to arbitration, you and GlassPass agree to submit to the nonexclusive personal jurisdiction of the courts located within Los Angeles, California, and waive any objection to the laying of venue of any litigation in said courts. In the event of any dispute with GlassPass, you agree to first contact GlassPass to attempt in good faith to resolve the dispute. Either party may commence this negotiation by delivering written notice to the other party. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration. We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Use, the Site, Services or Products, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The Parties shall share the costs of the arbitration equally; however, each Party shall be responsible for its own attorneys’ fees and other costs and expenses. The arbitration will be conducted in the English language, in the state of California, by a single arbitrator jointly selected by the parties in accordance with the AAA Rules. The arbitrator shall have the power to grant legal and equitable remedies, including awarding the prevailing party its attorneys’ fees and other costs of the arbitration, but they shall not grant punitive damages. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal. The Parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury and that all rights and remedies will be determined by an arbitrator and not by a judge or jury. This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.

Section 28. CLASS ACTION WAIVER

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Site or Services signifies your explicit consent to this waiver.

Section 29. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision or part of a provision of these Terms of Use shall be held invalid, void, or unenforceable by a court in any applicable jurisdiction, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Section 30. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Service or Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Section 31. AUCTION RULES

When participating in an auction, you agree to comply with these Auction Rules and all Terms of Use outlined herein. The Auction Rules apply to all auction sales conducted by Sellers on the Site. Buyers must register with the Site in order to access and place bids on glass art (Marketplace Offerings) offered for sale by auction (an “Auction Sale”). All purchases are made directly between Buyer and Seller. The contract for sale is directly between Buyer and Seller.

We reserve the right to amend the Auction Rules at any time. If we make changes, we will alert you by updating the “Last updated” date of the Terms of Use. We may also notify you, either through an email notification or through other reasonable means. You waive any right to receive specific notice of each such change. By participating in an Auction Sale, as a Buyer or a Seller, you expressly agree to these Auction Rules.

Seller assumes full responsibility for the accuracy of the Auction Sale listing. Seller retains discretion for establishing the terms applicable to each subject Auction Sale (the “Bid Conditions”). For clarity, Seller retains discretion over the following Bid Conditions:

  • The Marketplace Offering to be auctioned;
  • When the auction begins and when it ends;
  • The right to require a deposit, and amount of deposit required;
  • The right to allow snipe extensions, including the amount of time to extend the auction;
  • The right to allow anonymous bidding;
  • The selection of the winning bidder;
  • The right to reject any and all bid;
  • The right to change or abandon the process altogether.

Seller’s Bid Conditions must be published on each Seller’s profile. Seller’s published Bid Conditions govern the process in all respects, and no oral representations or oral modifications are binding on the Seller or can be relied on by any Buyer. Seller's published Bid Conditions are final and binding on all auction participants.

It is Buyer’s responsibility to carefully review Seller’s Auction Sale listing before making a bid. By placing a bid, Buyers expressly agree to Seller’s Bid Conditions.

Bidding Process Each bid shall be final and binding as soon as Buyer clicks the Bid button.

In the event of a tie between a bid placed by Buyer online and any other identical bid(s), it will be at Seller's discretion as to which bid shall be accepted.

When Buyer desires to make a bid on a Marketplace Offering, they will be able to do so. Unless a deposit is required, Buyer will not be prompted to enter his or her credit card information until the end of the auction, if they are the winner. After a bid has been submitted, an email and push notification confirming the bid will be sent to Buyer. In the event that a Buyer’s bid is exceeded by another bid, an email and push notification will be sent to Buyer notifying him or her that the bid has been exceeded. Buyer will then be able to make a separate bid.

Buyer acknowledges that Buyer is bidding in a live auction and agrees that each bid submitted as provided in these Auction Rules is irrevocable and cannot be amended or canceled for any reason whatsoever, even if submitted in error and notified to Seller or to us. Buyer accepts full liability for all bids submitted including the liability to pay in full and on time in accordance with the Bid Conditions for any Auction Sale that is the subject of a successful bid submitted from your account.

Seller may require a deposit to submit a bid. If Seller requires a deposit, when Buyer desires to make a bid on a Marketplace Offering, Buyer will be prompted to enter his or her credit card information. After entering such information, Buyer will be able to make a bid. A temporary hold will be placed on Buyer’s credit card when Buyer presses the Make Deposit button to Join the Auction.The deposit will be applied to the Auction Sale upon a successful bid or otherwise refunded at the end of the Auction Sale if Buyer is not the winning bidder. If the winning buyer does not pay the full amount at the end of the auction, GlassPass and the Seller reserve the right to keep the deposit.

Both GlassPass and Seller reserve the right to reject a bid, for any reason at any time prior to, during, or after an Auction Sale. GlassPass further reserves the right to cancel or reverse a sale in the event of fraud, material misrepresentation, or defect in the description of the Marketplace offering or Bid Conditions, as determined by GlassPass in its sole discretion.

All other terms, including without limitation purchase terms, commission fees, shipping, and return policies contained herein apply to all Auction Sales.

Limitation of GlassPass’s Liability for Auction Services IF YOU CHOOSE TO PARTICIPATE IN AN AUCTION SALE, YOU DO SO AT YOUR OWN RISK. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED. GLASSPASS PROVIDES THE AUCTION SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE ONLINE BIDDING OR OUR SITE OR ANY ERRORS OR DEFECTS IN FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (BY ANY PARTY) AND/OR ANY INTERNET CONNECTION PROBLEMS, AND WE DO NOT REPRESENT OR WARRANT THAT OUR AUCTION SERVICES OR THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Disputes Regarding Bids Should a dispute arise regarding a bid, GlassPass is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Users agree to indemnify, defend, and hold GlassPass harmless from any and all liability arising out of decisions made in resolving disputes regarding bids.

Section 32. CONTACT US

In order to resolve a complaint regarding the Site, Service, or the Marketplace Offerings or to receive further information regarding use of the Site, Service or the Marketplace Offerings, please contact us at:

GlassPass LLC
PO Box 1464, Pacifica, CA 94044, USA
Phone: (+1) 858-342-0511
support@glasspass.co