My Legacy Den

Terms of Service

Last Updated: February 23, 2024

Who are “We”

We are glossyMATTER (“Company,” “we,” “us,” “our,“  “The Legacy Den”), a company registered in Pittsburgh, PA.

We operate the website https://www.TheLegacyDen.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

The Legacy Den provides a service to people that want to document their life lessons, memories and funny stories about their life on their own personalized website.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and contact us at info@mylegacyden.com if you have any questions. If you don’t agree to these Terms, please don’t use our services.

Some special terms apply to you if you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”). These terms are mentioned below.

These Terms have been adapted from the terms found on wordpress.com (Automattic).

Terms of Service

These Terms govern your access to and use of the products and services we provide through or for mylegacyden.com.

These Terms also govern visitors’ access to and use of any websites that use our Services, like the websites that our users create on mylegacyden.com. Please note though that the operators of those websites may also have their own separate terms of use.

For some of The Legacy Den’s other products, services, and programs, as they are added to our product offering, additional or separate terms and policies may apply.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe.

glossyMATTER Services (The Legacy Den)

We refer to glossyMATTER as “glossyMATTER,” “ The Legacy Den” “us,” or “we” throughout these Terms.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a topic you write about your boss, that’s on you.

Your Legacy Den is on the Internet – visible to the public. Anyone with the URL can see your Den.
However, when your Den was set up, our system requested that the search engines REFRAIN from indexing your site.
We rely on their systems to honor this, but IT IS the internet…
If your site is not indexed by the search engines, it will not easily be found by folks searching the web.
The bottom line is do not share anything on your Legacy Den that you feel is too sensitive.

Disclaimer – The Legacy Den makes every effort to secure your data, and we highly recommend that you DO NOT put anything on your Den that is considered Personally Identifiable Information (PII). Ultimately, the information you put into your Den is your responsibility.

Don’t share or misuse your access credentials. And notify us immediately us at info@mylegacyden.com of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

We don’t have any control over third-party websites.

A link to or from one of our Services does not represent or imply that we endorse any third-party website.

We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.

We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Posting items for sale is strictly prohibited. However, any content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.

We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. The Legacy Den Fees and Renewal

Fees for Paid Services. Some of our Services are offered for a fee(collectively, “Paid Services”). This section applies to any purchases of Paid Services.

By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or based on an advertising campaign budget that you set. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting info@mylegacyden.com.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.

Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.

Automatic Renewal. By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.

You can view your renewal date(s), cancel, by contacting the support team at info@mylegacyden.com.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

We may have a “no-show policy” for some Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.

European Users:

You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of downloadable content or of a customized nature, and (i) the service has not been fully performed, or (ii) subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.

If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If we have already begun our services during the withdrawal period, you will pay us a prorated amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.

You may exercise your right to withdrawal by sending a clear, written request to: info@mylegacyden.com.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7. General Representation and Warranty

Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

Will be in strict accordance with the Agreement;

Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);

Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

Will not infringe or misappropriate the intellectual property rights of The Legacy Den or any third party;

Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;

Will not disclose the personal information of others;

Will not be used to send spam or bulk unsolicited messages;

Will not interfere with, disrupt, or attack any service or network;

Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;

Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and

Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services 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 Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

Use any information obtained from the Services in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Services in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Services.

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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

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.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

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 Services, or use or launch any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorized use of the Services, 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.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

Use the Services to advertise or offer to sell goods and services.

Sell or otherwise transfer your profile.

Promote or sell pornography.

8. Specific Service Terms
9. TheLegacyDen.com Websites and Accounts

TheLegacyDen.com account also allows you to sign into some of our other Services.

We don’t own your content, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your website.

If you find a TheLegacyDen.com website that you believe violates these Terms, please let us know.

Your Legacy Den Website’s URL – if you create a website on TheLegacyDen.com, you get free use of a Legacy Den – owned subfolder, like mylegacyden.com/yoursite. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.

License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make any publicly-posted Content available to select third parties (through Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services.

Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on TheLegacyDen.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Web Traffic. We may use a third-party service to measure TheLegacyDen.com’s audience and usage. By having your website on TheLegacyDen.com, you agree to assign the traffic for your website to The Legacy Den, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your website’s traffic may be included under The Legacy Den, your website may not receive credit for traffic in the respective reports, and you must not assign your website’s traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to provide it.

Prohibited Uses. Your Content and conduct must not violate the TheLegacyDen.com User Guidelines. These guidelines provide information on a few categories of content and behavior that we don’t permit because we consider them harmful to the community.

HTTPS. We offer free HTTPS on all TheLegacyDen.com subfolders by default. By signing up and using a custom domain on TheLegacyDen.com, you authorize us to represent that you have the power and authority to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

Advertisements. We may display advertisements on your website and domain unless you have purchased a plan that includes the removal of ads.

Attribution. We may display attribution text or links in your website footer or toolbar, noting that your website is powered by TheLegacyDen.com or attributing the creator of your theme, for example. For more details about these attributions, and under which circumstances (if any) you may alter or remove them, please see our Footer Credit Options support page.

Professional Email. Your use of Professional Email is subject to Titan’s (Flock FZLLC) policies, including Titan’s Customer Terms of Use (for owners of the email subscription), End User Terms of Use (for individuals granted access to mailboxes created by the subscription owner), Acceptable Use Policy, and Privacy Policy in addition to these Terms. We make no warranties related to these services and disclaim any obligations or actions of Titan under their policies.

Domain Names. We act as a registrar and also work with third-party registrars to provide domain name services. When you register a domain on glossyMATTER.com or transfer an existing domain to glossyMATTER.com, the policies of the respective registry apply, and you become bound by the relevant registrar’s terms and conditions. Depending on the domain, you may be subject to the terms of the glossyMATTER Domain Name Registration Agreement, Key-Systems GmbH Registration Agreement, Tucows Domain Inc. Registration Agreement, or this Domain Name Registration Agreement, in addition to these Terms. When you register a domain, you’re presented with and must agree to the applicable domain registration agreement. If you didn’t make a note of it, you can look it up at any time. Please see the Domain Registration Agreements page for instructions on how to determine which domain registration agreements apply to you and your domains. These registrar terms are incorporated by reference into these Terms.

Your domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.

For details about what happens during the domain expiration process and how we may notify you about domain expirations, please see the Domain Expiration page.

For information about fees associated with domain registrations, renewals, and redemptions, please refer to the domain pricing and available TLDs page.

When you register a domain, you’re required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact for the domain. You can update your domain contact information at any time. If the domain contact information differs from your TheLegacyDen.com account information, we consider the administrative contact in your domain contact information to be the owner of the domain, with full authority to manage it.

1. Artificial Intelligence

We may offer features that incorporate artificial intelligence (AI), like blocks or plugins that enable you to use AI to generate content or images for your website or store.

As between you and The Legacy Den, and to the extent permitted by law, you own or have the rights to any content you input into AI features (“Input”) and any content generated by the AI features (“Output”).

You’re responsible for your Input, the use of any Output, and for complying with any applicable laws. AI may occasionally generate Output that’s inaccurate, irrelevant, offensive, harmful, or similar to others’ content. Please see our AI Guidelines for the policies you must comply with when you use AI features, details about the third-party providers we use to provide AI features, and helpful information about AI generally.

9. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Copyright Policy and send us a notice.

10. Intellectual Property

The Agreement doesn’t transfer any glossyMATTER or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between glossyMATTER and you) solely with glossyMATTER. glossyMATTER, The Legacy Den, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of glossyMATTER (or glossyMATTER’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any glossyMATTER or third-party trademarks.

11. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”). Certain Third-Party Services will indicate that they are sold or licensed by The Legacy Den with support provided by glossyMATTER.

If you use any Third-Party Services, you understand and agree that:

Third-Party Services aren’t vetted, endorsed, or controlled by glossyMATTER.

Unless we have indicated that glossyMATTER is providing support for it, any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to you or anyone else for Third-Party Services.

Even if you purchase a third-party extension through a marketplace we operate, any services related to that extension are subject to and governed by the terms and policies of the third party (“Third Party”).

Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.

If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly unless it is indicated that glossyMATTER provides support for it.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.

12. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and canceling any subscription you have.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any The Legacy Den policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided “as is.” glossyMATTER and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither glossyMATTER, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Pennsylvania, U.S.A., excluding the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Allegheny County, Pennsylvania, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

16. Limitation of Liability

In no event will glossyMATTER, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to glossyMATTER under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. glossyMATTER shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. glossyMATTER isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

17. Indemnification

You agree to indemnify and hold harmless glossyMATTER, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, Content that you post, and any ecommerce activities conducted through your or another user’s website.

18. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause glossyMATTER to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

19. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

20. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between glossyMATTER and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

glossyMATTER may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.