Last Updated: September, 2020
This Agreement is effective on the date of registration with GlobalM SA. Your continued use of the Site after that will signify you have read, understood, and accept and agree to be bound by this Agreement.
2 Purpose of GlobalM Site
The purpose of the GlobalM Site is to connect freelance journalists and cameramen or camerawomen (collectively, "Reporters") to media organizations ("Media Organizations") for the provision of live or pre-recorded content, on-demand assignments, and special events, as well as to facilitate the distribution of such content via the GlobalM IP network.
To achieve this purpose, GlobalM (i) enables Registered Users to connect their social accounts to log in and share specific content links and also (ii) tracks the location of Reporters to show where they are on a map in real time so that Media Organizations can see where the Reporters are and book/purchase content from them relative to a story requiring coverage (i.e. breaking news, planned events and/or specific assignments).
The Site may also invite users to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, and may provide users with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through the Marketplace Offerings and third-party websites.
All services, applications, and products that are accessible through the Site, including the Public Site services, and all GlobalM Mobile Applications, shall hereinafter, collectively be referred to as the ("Site Services").
3 Licenses and Third-Party Content
3.1 Limited Site License
Human-readable summary of Section 3.1: GlobalM gives you certain rights to access the Site and Site Services, but you may only use them in the way we have allowed.
3.2 Termination of the Limited Site License
GlobalM may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services at any time and for any reason.
If a Registered User provides any information that is untrue, inaccurate, not current, or incomplete GlobalM has the right to either edit the content or suspend or terminate the account and all current or future use of the Site and any portion thereof.
3.3 GlobalM’s Intellectual Property
3.4 User Content License
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 GlobalM an unrestricted, unlimited, irrevocable, perpetual, exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, edit, disclose, sell and/or resell to Media Organizations, 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 by GlobalM may occur in any media formats and through any media channels, and by agreeing to grant an exclusive license to GlobalM, you understand that you may not sell the same Contribution in any forum or on any site other than GlobalM. You agree not to publish your contributions in any form. In particular, you agree not to post your material to the internet, whether in full, or in part. In particular, you agree not to post your contribution to any form of social media, including Facebook, Twitter, YouTube, or any similar service.
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.
Human-readable summary of Section 3.4.1: GlobalM does 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, but you grant GlobalM an exclusive license to your Contributions, meaning you may not sell the same Contribution in any forum or on any site other than GlobalM.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to GlobalM are non-confidential and shall become GlobalM's sole property. GlobalM 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 GlobalM for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Human-readable summary of Section 3.4.2: GlobalM owns Submissions, (i.e. questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace) that you provide to GlobalM.
3.5 Complaints About Copyrighted Content on the Site
GlobalM respects 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 ("Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
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. To report complaints about Copyrighted content on the Site, or if you have questions or need assistance, please contact Customer Support at:
Human-readable summary of Section 3.5: Please let us know if you find infringing content on our Site.
4 Permitted and Prohibited Site Uses
4.1 Permitted Site Uses
GlobalM offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. GlobalM makes the Site and Site Services available for Users to (i) find one another, (ii) enter into business relationships, and (iii) provide and receive freelance reporting content.
4.2 Prohibited Site Uses
The following is a non-exhaustive list of examples of prohibited uses of the Site:
- circumventing the payment methods offered by the Site, including, by way of illustration:
- submitting proposals or soliciting parties identified through the Site to contact, hire, manage, or pay outside the Site;
- accepting proposals or soliciting parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site;
- selling or reselling content to any third party, thus bypassing the GlobalM platform and payment interface;
- selling the same Contributions provided by you to GlobalM in any forum or on any site other than GlobalM's Site;
- submitting information that is untrue, inaccurate, incomplete, misleading, or not current; or failing to maintain the accuracy of such information;
- becoming a GlobalM Registered User before reaching the age of 16;
- accessing the GlobalM Site through non-human means (i.e. bots, scripts, or otherwise);
- using the GlobalM Site for any illegal purposes or in a manner which violates applicable laws or regulations;
- systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from GlobalM;
- making any unauthorized use of the Site, Marketplace Offerings, or user Contributions, 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;
- using the Site to advertise or offer to sell goods and/or services other than those permitted by GlobalM (i.e. Marketplace Offerings);
- circumventing, disabling, or otherwise interfering with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
- using a buying agent (human or software) or purchasing agent to make purchases on the Site;
- engaging in unauthorized framing of or linking to the Site;
- tricking, defrauding, or misleading GlobalM or other users, especially in any attempt to learn sensitive account information such as user passwords;
- making improper use of GlobalM's support services or submitting false reports of abuse or misconduct;
- engaging in any automated use of the system, Site, or Site Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, including artificial intelligence and machine learning applications, without GlobalM's prior consent;
- interfering with, disrupting, or creating an undue burden on the Site or the networks or Site Services;
- attempting to impersonate another user or person or using the username of another user;
- selling or otherwise transferring your profile;
- using any information obtained from the Site to harass, abuse, or harm another person;
- using the Marketplace Offerings as part of any effort to compete with GlobalM or otherwise using the Site and/or its content for any revenue-generating endeavor or commercial enterprise;
- deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site;
- attempting to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site;
- harassing, annoying, intimidating, or threatening any of GlobalM's employees or agents engaged in providing any portion of the Marketplace Offerings to you;
- deleting the copyright or other proprietary rights notice from any digital content, including watermarking (visual and non-visual);
- uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other malicious material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- uploading or transmitting (or attempting 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");
- uploading content for which you do not have the copyright or authorization of the copyright holder;
- except as may be the result of standard search engine or internet browser usage, using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software, unless previously agreed with GlobalM management in written form;
- disparaging, tarnishing, or otherwise harming, in our opinion, GlobalM and/or the GlobalM Site;
- making unauthorized Marketplace Offerings, including 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; and
- disseminating false, misleading, or deceptive information or content and/or propaganda.
GlobalM reserves the right, but not the obligation, to:
- terminate User Accounts and ban users from using of the Site, where users engage in prohibited uses of the Site;
- in its sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in its sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to GlobalM's systems;
- remove, reclaim, or change a username where GlobalM determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable; and
- otherwise manage the Site in a manner designed to protect GlobalM's rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
4.4 Reporting and Correcting Violations
If you are aware of a breach or potential breach of GlobalM's non-circumvention policy, please submit a confidential report to GlobalM by sending an email message to: firstname.lastname@example.org.
Human-readable summary of Section 4: Here are the rules for using the Site. Don’t break the rules listed here or the law. If you violate these terms, GlobalM has a number of options at its disposal for enforcement, including but not limited to terminating your account. Tell us if someone violates the rules.
5 Purchases, Payment, and Refunds
5.1 Exclusivity of Marketplace Offerings
Once a Reporter or Media Organization uploads, streams, downloads, or receives a stream of content on the GlobalM marketplace, the content will remain exclusively on-sale and on-offer from GlobalM and may not be sold to any other marketplace platforms nor sold by the Reporter/Media Organization directly to any potential client or third-party. GlobalM reserves the right to enter into agreements for non-exclusive content for the interest of GlobalM clients.
5.2 Purchase and Account Information
In order to access or use certain services or features on the Site, you will need to create an account on the Site and submit certain personal and/or demographic information. GlobalM Registered Users agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site and you accept all responsibility and costs for all activities that occur under your account or password, whether authorized by you or not, unless we in our discretion determine conclusively that your account was hacked by a third party with no relationship to you and without any assistance, whether inadvertent or otherwise, from you. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that GlobalM can complete your transactions and contact you as needed.
5.3 GlobalM's Use of Third-Party Payment Processors
5.4 Currency of Price Listing
The base currencies of price listings is CHF & USD. Pricing may be shown in multiple currencies, but the exchange rate will be based on GlobalM's Payment Processor.
5.5 Payment Currency and Payment of Charges
All payments will be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize GlobalM to charge the Payment Processor for any such amounts upon placing your order.
5.6 Recurring Payments
If your order is subject to recurring charges, then you consent to GlobalM's charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
5.7 Pricing Errors and Price Changes
GlobalM reserves the right to correct any errors or mistakes in pricing, even if GlobalM has already requested or received payment, and GlobalM may, in its sole discretion, change prices at any time.
All fees are exclusive of applicable national, provincial, state, local, or other taxes ("Taxes"), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and GlobalM will charge Taxes in addition to the fees for the Services when required to do so. If GlobalM has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where GlobalM does not have a legal obligation to pay or collect indirect Taxes on a sale of Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
5.9 No Refunds
Once Site Services are booked, all sales are final. No refunds or partial refunds will be made under any circumstances.
Human-readable summary of Section 5: Here is a summary of details regarding payment and our use of Payment Processors, whose terms and conditions will also apply.
6 Data Privacy
7 Representations and Warranties
7.1 User Representations and Warranties
When you post User Content on the Site, you represent and warrant that you have the right, power, and authority to post that content and grant the licenses specified above. You further represent and warrant that by posting such User Content you will not engage in a prohibited use of the Site or violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant and covenant that you are the owner of all the copyright rights to such User Content and that GlobalM may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.
You represent and warrant that you are not located in a country subject to U.S. Government sanctions, and that you yourself are not the object of any sanctions, in particular that you are not a Specially Designated National (“SDN”).
If you are accessing or using a test version of the Site Services (or of any part of the Site Services), then, in return for the opportunity to take part in the test, you agree to keep all non-public details of the test version confidential (and otherwise to comply with any additional terms that apply to the test version).
7.2 GlobalM Representations and Warranties
7.2.1 No Representations
GlobalM is a service provider and makes 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 GlobalM harmless from any errors, omissions, or misrepresentations contained within the Site’s content. GlobalM does not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.
7.2.2 No Warranties
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND GLOBALM'S SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBALM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GLOBALM MAKES 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) 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.
GLOBALM DOES 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 GLOBALM 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.
SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, ANY, SOME, OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Section 7: GlobalM does not make any guarantees about the Site, Site Services, or content available on the Site, all of which is provided on an as is and as available basis. Please read this section carefully; you should understand what to expect.
8 Limitations of GlobalM's Liability
8.1 Disclaimer: No Liability For Damages Caused by Use of Site or Site Services
SUBJECT TO SECTION 8.7 BELOW, IN NO EVENT WILL GLOBALM OR ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, THE MARKETPLACE OFFERINGS, OR OTHER CONTENT, EVEN IF GLOBALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN PARTICULAR, GLOBALM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF GLOBALM'S SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND/OR (VII) ANY MOBILE DATA CHARGES (4G/5G) FOR THE DELIVERY OF CONTENT, LIVE STREAMING OR FILE BASED, TO THE GLOBALM PLATFORM BY REPORTERS AND/OR MEDIA ORGANIZATIONS.
8.2 Limitation On Liability
SUBJECT TO SECTION 8.7 BELOW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GLOBALM ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE MARKETPLACE OFFERINGS, OR OTHER CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED US DOLLARS ($100).
8.3 No Liability for Damages Caused by Hacking, Tampering, or Other Unauthorized Access
Under no circumstances will GlobalM be liable for any damages, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your account or the information contained therein.
8.4 No Liability for Personal Safety of Users
GlobalM is not responsible nor liable for the personal safety of its Registered Users, as they are not employees of GlobalM. All Reporters are responsible for their own safety and access when covering a story and/or assignment.
8.5 No Liability for Third-Party Websites and Content
8.6 No Liability for Events Beyond GlobalM's Control
GlobalM is not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event, or matter beyond its reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond GlobalM's reasonable control.
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE EITHER PARTY'S LIABILITY (I) FOR ITS GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, (II) FOR ITS INDEMNITY OBLIGATION, OR (III) TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, BUT WILL NONETHELESS BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Section 8: GlobalM is not responsible for the content on the Site, your use of the Site Services, your inability to use the Site, or for the conduct of others on our Site. Please read this section carefully as it limits our obligations and liability to you.
Human-readable summary of Section 9: If something happens because you violate these terms, because of your use of the Site Services, or because of the content you post on the Site, you agree to repay GlobalM for the damage it causes.
10 Other Limitations and Disclaimers
10.1 Bandwidth Issues
GlobalM will not be responsible for the bandwidth available on mobile and fixed internet connectivity, as well as the technical features of a user's own smartphone, tablet, and/or computer device.
10.2 Objectionable Content
The views expressed by a Registered User of GlobalM across the platform are not the views of GlobalM and GlobalM will not be held responsible for any such content.
10.3 Vetting of Reporters and/or Media Organizations
GlobalM is not required to and does not verify any information given to it by Reporters or Media Organizations, nor does GlobalM perform background checks on Reporters or Media Organizations. GlobalM may provide information about a Reporter or Media Organization, such as a strength or risk score, geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that the Reporter or Media Organization submits, and GlobalM provides such information solely for the convenience of members and is not an introduction, endorsement, or recommendation by GlobalM.
10.4 Local Access Restrictions and Additional Local Information
The GlobalM Site and all content and functionality contained within it is not directed to or intended for use by any person resident or located in any country where the distribution of such content or functionality is contrary to the laws, rules, or regulations of such country. The same applies to any person resident or located in any country where such distribution is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorizations have not been obtained. If any such local access restriction applies to you, you are not authorized to access the GlobalM Site or use any of the content or Services on it.
GlobalM makes no representation that every aspect of the Site or Site Service is appropriate or available for use in any particular jurisdiction. By choosing to access and use the Site and/or Site Service, you agree that: (i) you do so on your own initiative and at your own risk; (ii) you will not use the Site Service if doing so would cause you or GlobalM to breach any sanctions laws; (iii) you are responsible for complying with local laws and regulations, if and as far as local laws and regulations apply; and (iv) you specifically agree to comply with all relevant laws and regulations concerning the transmission of technical data exported from the country in which you reside.
10.5 Availability of Marketplace Offerings
All Marketplace Offerings are subject to availability, and GlobalM cannot guarantee that Marketplace Offerings will always be available.
GlobalM reserves 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 GlobalM's sole discretion.
GlobalM reserves the right to discontinue any Marketplace Offerings at any time for any reason. GlobalM does 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.
GlobalM reserves the right to refuse any order placed through the Site. GlobalM may, in its sole discretion, limit or cancel quantities purchased per person, per entity, or per order. These restrictions may include orders placed by or under the same account, the same payment method, and/or orders that use the same billing address.
GlobalM reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.
Any offer of exclusive content is made on a case-by-case basis; specific restrictions will apply given the level and geographic region of exclusivity, including broadcast and/or digital only.
GlobalM does not guarantee the technical quality of the Reporter's phone, camera, or internet connection. The internet is an unmanaged network and while GlobalM uses technologies to improve the quality of the internet connection, GlobalM by no means guarantees that the internet will be stable and available without interruption. Media Outlets must provide their own broadband internet connection for receiving GlobalM content and streams. This should be sufficient to at least 10 Mbps for the reception of 1 GlobalM stream.
10.6 Content Modifications and Site Interruptions
GlobalM reserves 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, GlobalM has no obligation to update any information on our Site. GlobalM also reserves the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. GlobalM 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.
GlobalM shall also have the right, in its sole and absolute discretion, (i) to edit, redact, shorten, or otherwise change any Contributions; (ii) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (iii) to pre-screen or delete any Contributions at any time and for any reason, without notice. GlobalM has no obligation to monitor your Contributions.
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.
10.7 Use of Unofficial Translations
These Terms as well as all other texts throughout the Site may be translated from English to other languages. These are unofficial translations and are only provided as convenience translations. They should therefore be interpreted in accordance with their English language versions which will prevail in the event of any discrepancy between the English version and the translation. GlobalM assumes no liability for any errors, omissions or ambiguities in the translations. Any person or entity choosing to rely on the translated content does so at their own risk. When in doubt, please always refer to the official English language version.
11 Term, Termination, and Suspension
If GlobalM terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, GlobalM reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
GlobalM will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Site Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, your Content, our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
Even after your right to use the Site Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to GlobalM will remain due.
12 Dispute Resolution, Governing Law and Jurisdiction
12.1 Informal Dispute Resolution
Before filing a claim against GlobalM, you agree that you must try to resolve the dispute by first emailing email@example.com with a description of your claim. GlobalM will try to resolve the dispute informally by following up via email, phone, or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or GlobalM may then bring a formal proceeding.
12.2 Mandatory & Binding Arbitration, Choice of Law, Seat of Arbitration
All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. This Agreement and the rights of the parties hereunder shall be governed by English law. The seat of the arbitration shall be Paris, France, and the arbitration shall be conducted in English.
12.3 Confidentiality of Arbitration
The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
12.4 Conflict of Rules Governing Arbitration
In the case of a conflict between the provisions of this Section 12.9 and the rules governing arbitration identified in Section 12.2, the provisions of this Section 12.9 will prevail. If any provision of this Agreement to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by Law and all the other provisions will remain valid and enforceable.
12.5 Exception to the Agreement to Arbitrate
- Injunctive Relief. Either you or GlobalM may, in a court of appropriate jurisdiction, bring a lawsuit or proceeding solely for injunctive relief to stop unauthorized use or abuse of the Site Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
13.1 Entire Agreement/Severability
13.2 No Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GlobalM without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
13.3 No Agency
This Agreement and any registration for or use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership, employment, or joint venture between you and GlobalM, except and solely to the extent expressly stated herein.
13.4 No Waiver
This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or Intellectual Property Rights, and terms regarding disputes between us.
13.8 Section Headings and Summaries
As used in this Agreement and the other Terms of Service, the following terms have the meanings given below, unless otherwise defined or required in context:
"Account" means the GlobalM Account you open when you register to become a Member and use the Site Services, and all Team Accounts added to that Account.
"Affiliate" means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with GlobalM.
"Contribution" means user submitted posts, displays, transmissions, publications, distributions, or broadcasted content and materials provided to GlobalM or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material.
"GlobalM Mobile Applications" means all mobile applications published by GlobalM or our Affiliates for access to or use of the Site or any Site Services.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
"Marketplace Offering" means services on offer from GlobalM.
"Media Organization" means a person or entity engaged in disseminating information to the general public through a newspaper, magazine, other publication, radio, television, cable television, or other medium of mass communication.
"Registered User" means those who have completed the free Registered User registration process for GlobalM and agreed to the terms of this Agreement.
"Reporter" means an individual who participates in the reporting or publishing of news or information of substantial public interest for the purpose of dissemination to the public by means of tangible or electronic media.
"Site" means, collectively, our website located at globalm.media, all affiliated websites, including mobile websites and GlobalM Mobile Applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates.
"Site Services" means, collectively, all services, applications and products that are accessible through the Site, including the Public Site Services, and all GlobalM Mobile Applications.
"Site Visitor" means a person who is only visiting the Site, not a Member or User.
"Submissions" means questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings submitted from or provided by you to GlobalM.
"Third-Party Websites" means websites which are not part of or produced or endorsed by GlobalM.
"Third-Party Content" means material on the Site or accessed through the Site that is created and/or controlled by parties other than GlobalM.
"User Account" means Your account on the Site which gives you access to the Site Services and functionality.
"User Content" means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provided to GlobalM, including such information that is posted as a result of questions.
"You" means any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.
15 Contacting Us
To report a violation of the Terms of Service, or if you have questions or need assistance, please contact Customer Support at: