Terms and Conditions
Last updated: Apr 7, 2023 2:16 PM
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the Gleam Website or Application (together the "Platform") operated by Gleam Ventures LLC, a(n) Limited Liability Company formed in New York, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Platform is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Platform.
By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Platform.
Uses
The Platform is not intended for use by health care providers and patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider.
The contents of the Platform are not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. None of the information on the Platform warrants that any particular drug, therapy, or other treatment is safe, appropriate, or effective for you or any application user. A health care provider’s ability to use our services is not an endorsement or recommendation of that health care provider by Gleam.
To the extent a health care professional provides medical advice to you through the Platform, such medical advice is based on your personal health data as provided by you to the health care provider. The medical advice provided by your health care provider is not under the control of Gleam, nor is it provided to or used by Gleam.
Accounts
When you create an account on our Platform, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.
Comments and uploading content
By submitting a comment or uploading content onto this Platform, you grant Gleam Ventures LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Platform, you agree that such comment or content may be accessed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Platform:
● Content that harasses others;
● Content that is discriminatory or offensive;
● Swearing, name calling and otherwise abusive content;
● Pornographic and sexually explicit content;
● Content displaying, depicting or suggesting violence;
● Content that exploits or abuses children;
● Content encouraging or committing illegal acts;
● Content sharing personal information without consent;
● Content infringing on someone’s rights, including intellectual property rights;
● Content advertising products or services without our permission;
● Content whose purpose is spamming others.
Prohibited uses
You agree that you will use this Platform in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Platform. You agree that you will not perform any of the following prohibited uses:
● Impersonating or attempting to impersonate Gleam Ventures LLC or its employees, representatives, subsidiaries or divisions;
● Misrepresenting your identity or affiliation with any person or entity;
● Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
● Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Platform, or which, as determined in our sole discretion, may harm us or the users of this Platform or expose us or other users to liability;
● Using the Platform in any manner that could disable, overburden, damage or impair the Platform or interfere with another party’s use of the Platform;
● Using any robot, spider or other similar automatic technology, process or means to access or use the Platform for any purpose, including monitoring or copying any of the material on this Platform;
● Using any manual process or means to monitor or copy any of the material on this Platform or for any other unauthorized purpose;
● Using any device, software, means or routine that interferes with the proper working of the Platform, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
● Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Platform, the server(s) on which the Platform is stored, or any server, computer or database connected to the Platform;
● Attempting to attack or attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack;
● Otherwise attempting to interfere with the proper working of the Platform;
● Using the Platform in any way that violates any applicable federal, state or local laws, rules or regulations.
No warranty on Platform
This Platform is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Platform, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Platform. We may experience delays in updating information on this Platform and in our advertising on other websites. The information, products and services found on the Platform may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Platform. The inclusion or offering of any product or service on this Platform does not constitute an endorsement or recommendation of such product or service by us.
Damages and limitation of liability
In no event shall Gleam Ventures LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Platform or with the delay or inability to access, display or use this Platform, including but not limited to your reliance upon opinions or information appearing on this Platform; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Platform, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Gleam Ventures LLC has been advised of the possibility of such damages. Gleam Ventures LLC. You agree to indemnify, defend, and hold harmless Gleam from any liability, loss, claim, suit, damage, and expense (including attorneys’ fees and expenses) related to your violation of the terms and conditions herein and your use or misuse of the Services and the Platform.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Platform are ©2023 Gleam Ventures LLC or third parties. All rights reserved. Unless specified otherwise, this Platform and all content and other materials on this Platform including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Gleam Ventures LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Gleam Ventures LLC or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Ryan Kull at ryan@wegleam.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Platform infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
● An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
● A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
● Your name, email, address and telephone number; and
● A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application.
You may submit your claim to us by contacting us at:
Gleam Ventures LLC
support@wegleam.com
929-317-9203
15 Salt Meadow Ln
East Patchogue, NY 11772
United States
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Platform, and supersede and replace any prior agreements we might have had with you regarding the Platform.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Suffolk County, New York.
You and Gleam Ventures LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this application.
Questions
If you have any questions about our Terms of Service, please contact us at support@wegleam.com.