globaliD - Terms of Service
These terms and conditions ("Terms") will apply to persons and entities using the Platform to create and to manage their digital identities by selecting a globaliD Name and requesting third-party verifications to build a digital reputation (“globaliD Nameholders”). By using any of globaliD’s services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “globaliD Service” or “Service”), you are entering into a binding contract with Global ID Framework Inc. We recommend that you save a copy of these Terms for your records.
Your agreement with us includes these Terms and any additional terms with us or our affiliates that you agree to either in these Terms or elsewhere, including the Yaka Ecosystem Rules if you make use of the globaliD Wallet, other than terms with any unrelated third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on our website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the globaliD Service.
We may modify the Agreements in our sole discretion at any time by publishing the amended terms on the globaliD website, and all amended terms will take effect immediately upon posting. We agree that changes cannot be retroactive. You are responsible for checking these Terms periodically to inform yourself of any changes. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of the Agreements, you may revoke your globaliD Name by contacting globaliD Support firstname.lastname@example.org.
By using globaliD’s Service, you represent and warrant that you are (1) are an individual of legal age to form a binding contract and to consent to processing your personal data, or if not, that you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to the Agreements on your behalf, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. If you do not meet these requirements, please do not use or access the globaliD Service.
2.2 Your Identity
In order to become a globaliD Nameholder and claim your self-sovereign portable digital Identity, you will select a unique globaliD Name. You promise that you will not select a globaliD Name in an unauthorized manner. Taking a name in an unauthorized manner includes selecting or using a name: (i) of another person or entity with the intent to impersonate that person or entity; (ii) subject to any rights of a person other than you without appropriate authorization; (iii) that is otherwise offensive, vulgar or obscene; or (iv) using any procedure or method that violates third party rights. globaliD reserves the right to revoke any globaliD Names taken in an unauthorized manner at any time and without notice to you.
Your Restore Code is the key to revoking and restoring your unique and self-sovereign Identity, as denoted by your globaliD Name, and you are solely responsible for keeping this code confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your globaliD Name and Restore Code on the Service. We cannot guarantee that we can recover your globaliD Name for you should you lose your Restore Code. In the event that you lose your Restore Code, please contact globaliD Support email@example.com.
Keep in mind that you are solely responsible for losses you incur from the use of lost or stolen globaliD Names or Restore Codes, including your globaliD Wallet and any funds therein, and your failure to protect your Restore Code or to secure your globaliD Name will only increase the risk of these losses. We may assist you with recovering your globaliD Name, but are not obligated to do so, and you are solely responsible for losses due to lost or stolen globaliD Names or Restore Codes, compromise of your globaliD Name and Restore Code, and any other unauthorized use or modification of your globaliD Name. globaliD is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorized use or modification of your globaliD Name, unless such losses result from globaliD’s willful or intentional actions. You agree to notify globaliD immediately of any unauthorized use of your account or any other breach of security. You agree to keep your password secure.
You agree that we will provide notices and messages to you within the Service. Notices may include notifications about your globaliD Name, changes to the Services, terms and conditions, privacy statement or notices and any changes thereto, pre-payment disclosures, transaction receipts and confirmations, and customer service communications, notices required by law, or other information we are required to provide to you ("Communications"). You also agree that electronic delivery of a notice has the same legal effect as if we provided you with a physical copy. We will consider a notice to have been received by you within 24 hours of the time a notice is either posted to our website or otherwise sent to you within the Service.
2.3.1 Methods of providing Communications
You are hereby notified that communications you receive in electronic form from us will be considered "in writing." By using the Services, you hereby consent and affirm that you have access to the hardware and software requirements to receive electronic communications. If you choose not to consent or you withdraw your consent, you will be restricted from using the Services.
We may provide Communications to you by email or by making them accessible on the globaliD website, mobile applications, or mobile websites (including via "hyperlinks" provided online and in e-mails). Communications will be provided online and viewable using browser software or PDF files. We may request that you respond to an email to demonstrate you are able to receive these Communications.
2.3.2 How to Withdraw Your Consent
You may withdraw your consent to receive Communications under this Notice by writing to us at "Attn: E-Sign Disclosure and Consent Notice, [717 Market Street, San Francisco, CA 94103]," or by emailing firstname.lastname@example.org. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Services.
2.3.3 Requesting Paper Copies of Electronic Communications
You may request a paper copy of any Communications; we will mail you a copy via U.S. Mail. To request a paper copy, contact us by writing to "Attn: E-Sign Disclosure and Consent Notice, [717 Market Street, San Francisco, CA 94103]," or by emailing globaliD Support email@example.com. Please provide your current mailing address so we can process this request. globalID may charge you a reasonable fee for this service.
2.3.4 Updating your email address; Acknowledgement of Law
It is your responsibility to keep your primary email address current so that globaliD can communicate with you electronically. You understand and agree that if globaliD sends you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, globaliD will be deemed to have provided the Communication to you; however, we may deem your account inactive. You may not be able to transact using our Services until we receive a valid, working primary email address from you. If you or your email server use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add globaliD to your email address book so that you can receive Communications by e-mail.
You can update your primary email address or other information by updating your profile or writing to us at "Attn: E-Sign Disclosure and Consent Notice, [717 Market Street, San Francisco, CA 94103]” or by emailing globaliD Support firstname.lastname@example.org
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that such Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
2.3.4 Changes to Communications
We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of any such termination or change as required by law.
You agree that the globaliD Wallet (“Wallet”) is only a browser of balances that you hold at other licensed financial institutions and that the globaliD Wallet does not hold any balances on your behalf. When you use your Wallet, you provide globaliD wallet with authorized permission to conduct transactions on your behalf, including sending, converting, moving, loading and spending funds. Your use of the Wallet is governed by the Yaka Ecosystem Rules. Further, you acknowledge that not all custodial balances are available in all legal jurisdictions. If you initiate a transaction through the GlobaliD wallet that is not supported by available assets held by your designated custodial source, you are obligated to reimburse the custodial source or its assignee the amount of any shortfall in assets in your custodial account, plus any expenses of collection including attorneys’ fees and expenses to the extent permitted by Applicable Law. Such shortfall of available assets may also be subject to charges as specified in your agreement with your custodial source. You understand that globaliD is not obligated to complete a transfer for which you do not hold sufficient assets. You also understand that transactions that you initiate may not be completed even if you hold sufficient assets with your custodial source if the Yaka Ecosystem declines to complete the transaction.
3. Rights and Limits
The globaliD Platform is neutral, meaning that it accommodates all non-fraudulent and legally-permitted activity. While globaliD will make best effort attempt to restrict participation of fraudulent and illegal actors on the Platform, globaliD Nameholders acknowledge that third parties’ vouches, verifications or activity on the Platform do not represent globaliD’s endorsement of those third parties, globaliD’s validation of any of the information or data attached to a globaliD Name or offered by such third-parties, or globaliD’s recommendation or advice of any sort as to whether to rely upon the information or data or to use or rely on third parties on the Platform.
If you use your globaliD Name or the globaliD Name of another person or entity for any purpose, including relying on the information attached to a globaliD Name for decision-making or judgement, you do so at your own risk and according to your own criteria. You are responsible for any actions you choose to take or not take in relation to your globaliD Name or the globaliD Name of another person or entity, or information associated therewith.
You acknowledge that globaliD does not (i) define the terms by which use of the identity Name is made; (ii) participate in any way in the vouching or verification process for any information entered in the Platform by a globaliD Nameholder; (iii) validate the information provided by the globaliD Nameholder or provide any warranty as to its accuracy or fitness for a particular purpose.
3.2.1 User Content
globaliD users may post, upload, submit, share or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the globaliD Support Community as well as any other part of the globaliD Service.
You agree that, with respect to any User Content you share on the Service, (1) you own or have the right to post such User Content, (2) your User Content is accurate, and (3) such User Content, or its use by globaliD as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by globaliD without express written consent from globaliD. You agree that you will indemnify us for any infringement of third-party rights.
The globaliD Platform is compliant with Section 230 of the Communications Decency Act of 1996 (CDA) which states that, “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” (47 U.S.C. §230). By using the Service, you may encounter User Content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for others’ (including other globaliD Nameholders’) User Content or information. globaliD may, but has no obligation to, monitor, review, or edit User Content. We cannot always prevent this misuse of our Service, and you agree that we are not responsible for any such misuse. Subject to your compliance with these Agreements, globaliD grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Services and use the Services for your personal, non-commercial use, and as we otherwise intend. globaliD reserves the right to monitor the Service for the purpose of determining that your usage complies with these Agreements.
The broad protections of freedom of expression and innovation in the CDA do not exempt certain criminal and intellectual capital violation-based User Content. globaliD reserves the right to determine the appropriate local law enforcement agency with which to share flagged User Content, based on factors related to the location of the person or entity posting the content in question, as well as the server location hosting the content in question.
You are solely responsible for all User Content that you post. globaliD is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST GLOBALID RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD GLOBALID HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
3.2.2 Public Content
3.2.3 Use Guidelines
Please respect globaliD and other globaliD Nameholders. Don’t engage in any activity, or post any User Content, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of globaliD or a third party;
includes your Restore Code or purposely includes any other globaliD Nameholder’s Restore Code or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your identity or affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by globaliD;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by globaliD;
involves the reverse engineering, decompiling, tampering with or disassembling the technology used to provide the Service (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
attempts to obtain unauthorized access to the Service;
collects information about users of the Service;
violates, misappropriates or infringes a third party’s intellectual property or other right, or any social media platform terms;
interferes with any third party’s ability to use or enjoy, or our ability to provide, the Service;
interferes with or in any way disrupts the globaliD Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or globaliD’s computer systems, network, usage rules, or any of globaliD’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by globaliD.
globaliD may, but has no obligation to, monitor, review, or edit User Content. However, you acknowledge and agree that posting any User Content that violates these User guidelines (or that globaliD reasonably believes violates these User guidelines) may result in termination or suspension of your globaliD account.
3.3 Data Access
3.4 Service limitations and modifications
We will make reasonable efforts to keep the globaliD Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. globaliD reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the globaliD Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the globaliD Service or any function or feature thereof. You understand, agree, and accept that globaliD will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law.
3.5 Third-Party Partners, Sites and Apps
As a money services business (“MSB”), Viamericas is responsible for opening a USD account for each globaliD user with Dwolla. Each user’s account will be a sub-account of Viamericas’ account with Dwolla. Viamericas is responsible for U.S. dollar money transmission activities on the ledger, including Move, Send, Convert, Load, and Spend. You authorize globaliD to share your identity and account data with Viamericas for the purposes of opening and supporting your globaliD Wallet, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Viamericas account through our application, and Viamericas account notifications will be sent by us, not Viamericas. We will provide customer support for your Viamericas account activity, and can be reached by emailing Support email@example.com.
3.6 Intellectual Property Rights
globaliD reserves all of its intellectual property rights in the Service. Using the Service does not give you any ownership in our Service or the content or information made available through our Service. Trademarks and logos used in connection with the Service are the trademarks of their respective owners. globaliD, its “circle” logos and other globaliD trademarks, service marks, graphics, and logos used for our Service are trademarks or registered trademarks of globaliD and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Trademarks and other intellectual property rights of third parties are the property of their respective owners and are displayed or used in the Service pursuant to limited permission granted to globaliD. No rights to trademarks or other intellectual property rights of third parties is granted to you nor arises from any use of the Service.
4. Disclaimer and Limit of Lability
4.1. No Warranty
YOU UNDERSTAND AND AGREE THAT THE GLOBALID SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. GLOBALID AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER GLOBALID NOR ANY OWNER OF CONTENT WARRANTS THAT THE GLOBALID SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, THAT THE GLOBALID SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL INFORMATION WILL BE ACCURATE, TIMELY OR COMPLETE.
THIRD PARTIES MAY ADOPT ADDITIONAL LIMITATIONS ON WARRANTIES PROVIDED IN CONNECTION WITH THEIR RESPECTIVE SERVICES, AS INDICATED IN THE TERMS SPECIFICALLY APPLICABLE TO THEIR SERVICES. IN ADDITION, GLOBALID MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE GLOBALID SERVICE OR ANY HYPERLINKED WEBSITE, AND GLOBALID IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM GLOBALID SHALL CREATE ANY WARRANTY ON BEHALF OF GLOBALID.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
4.1.1 Identity Verification
YOU ACKNOWLEDGE THAT GLOBALID IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS FOR PURPOSES OF VERIFICATION OF YOUR IDENTITY INFORMATION; AND (II) BETWEEN YOU AND OUR PARTNERS WHO MAY REQUEST YOUR VERIFIED INFORMATION. GLOBALID EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
4.2 Limitation and Time for Filing
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE GLOBALID SERVICE IS TO UNINSTALL ANY GLOBALID SOFTWARE AND TO STOP USING THE GLOBALID SERVICE. YOU AGREE THAT GLOBALID HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE GLOBALID SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO GLOBALID, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL GLOBALID, ITS AFFILIATES AND ITS AND THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE GLOBALID SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER GLOBALID HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE GLOBALID SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO GLOBALID DURING THE PRIOR TWELVE MONTHS IN QUESTION OR, IF NO FEES OR CHARGES APPLY, TO A MAXIMUM OF USD100, OR ANY LARGER AMOUNT THAT IS IMPOSED AS MINIMUM LIABILITY BY ANY APPLICABLE MANDATORY LAW.
Nothing in the Agreements removes or limits globaliD’s liability for fraud. Additionally, if and to the extent required by applicable law, nothing in the Agreements removes or limits globaliD’s liability for fraudulent misrepresentation, death or personal injury caused by globaliD’s negligence.
YOU AGREE THAT ANY CLAIM AGAINST GLOBALID MUST BE COMMENCED FILING AN INDIVIDUAL ACTION UNDER SECTION 8 WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Both you and globaliD may terminate this Contract at any time without notice to the other by releasing your globaliD Name. On termination, you lose the right to access or use the Service. Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending actions, and (ii) stop accepting or requesting new actions. Your continued or renewed use of the Service after all pending actions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to or by you.
The following shall survive termination and release of the globaliD Name:
Our rights to use and disclose your feedback;
Other Users’ rights to further re-share content and information you shared publicly through the Service to the extent copied or re-shared prior to termination;
Any amounts owed by either party prior to termination remain owed after termination; and
6. Severability, Waiver, Interpretation and Assignment
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Service) is the only agreement between us regarding the Service and supersedes all prior agreements for the Service.
If we don't act to enforce a breach of this Contract, that does not mean that globaliD has waived its right to enforce this Contract or such breach at a later time. You may not assign or transfer this Contract (or your membership or use of Service) to anyone without our written consent. However, you agree that globaliD may assign this Contract without your consent to its affiliates or a party that buys it, its assets, or equity. There are no third-party beneficiaries to this Contract.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
7. Indemnification and Release
You agree to indemnify, defend and hold globaliD harmless from and against all damages, claims, fines, penalties, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the globaliD Service; (4) fraud committed by, or the intentional misconduct or gross negligence of you, and (5) your violation of any law or the rights of a third party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
8. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, globaliD and you agree to resolve it in California courts using California law. You and globaliD agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and globaliD both agree that all claims and disputes can be litigated only in the federal or state courts in San Francisco County, California, USA, and you and globaliD each agree to personal jurisdiction in those courts.
9. Consumer Rights Notice
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
You may contact globaliD at: firstname.lastname@example.org.
10. Mobile App
- 1 Identity and Location Verification.
YOU AUTHORIZE GLOBALID TO REQUEST YOUR MOBILE CARRIER TO USE YOUR MOBILE SUBSCRIBER DETAILS FOR VERIFYING YOUR IDENTITY. THOSE DETAILS MAY INCLUDE NAME, BILLING ADDRESS, EMAIL, AND PHONE NUMBER. THIS INFORMATION MAY ALSO INCLUDE LOCATION INFORMATION, IF AVAILABLE.
- 2 Mobile Device.
To use the software on a mobile device, you must have a mobile device that is compatible with the Services. globaliD does not warrant that the Services will be compatible with your mobile device. You are responsible for any mobile charges that you may incur for using the Services, including text-messaging, roaming charges, and data charges.
10.3 Location-Based Services.
You acknowledge and authorize that information concerning the location of your mobile device may be used to assess location. Location may be obtained at any time while logged into this website. Location information will not be disclosed to others. You expressly agree that you authorize globaliD to collect and use your location as a part of the globaliD app and eligibility for use of the globaliD website or app or any feature or function of the Service. THE SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE SERVICES ARE NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
You acknowledge that globaliD may from time to time issue upgraded versions of the app, and may automatically electronically upgrade the version that you are using on your mobile device or may require an update before Services via your mobile device will be provided. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of the Agreements will apply to all such upgrades. You agree that globaliD will not be liable to you for any such modifications.
10.4 App Stores.
You acknowledge and agree that the availability of the globaliD app is dependent on the third party from which you received it, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that these Terms are between you and globaliD and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the globaliD app from it. You agree to comply with, and your license to use the Services via the app is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.