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.
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.
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.
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.
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:
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.
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.
Apple and Android Devices
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.
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.
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 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.
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:
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.
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.
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.
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.
We accept the following forms of payment:
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.
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 firstname.lastname@example.org. 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:
The Item received is a different color, model, or size.
The Item has a different design.
The Seller failed to disclose that an Item is damaged or is missing parts.
The Buyer received the incorrect quantity of Item s (e.g., the Buyer purchased two Items but only received one).
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 email@example.com, 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.
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.
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.
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).
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.
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.
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.
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:
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.
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:
PO Box 1464, Pacifica, CA 94044, USA
Phone: (+1) 858-342-0511