Additional Buyer Terms of Service • Glow by POPSUGAR

GLOW by POPSUGAR

ADDITIONAL TERMS AND POLICIES FOR BUYERS

Effective September 23, 2019

If you use the Service to browse for and purchase Products, these Additional Terms and Policies for Buyers apply to you.

Please note that (1) the section of the GLOW Terms entitled YOU ARE AGREEING TO BINDING ARBITRATION contains an arbitration clause and class action waiver; and (2) the section of the below entitled NEW JERSEY RESIDENTS contains an important message to residents of New Jersey.

Availability of Products

Certain Products and features of the Service may only be available on the Service website and not within the mobile application(s) or third-party platform(s). Similarly, certain Products and features of the Service may only be available within the mobile application(s) or third-party platform(s), and not on the Service website.

Buyer’s License to Use Content Products

Subject to your compliance with this Agreement, you are granted a limited, non-exclusive, non-transferrable and fully revocable license to stream (for videos) and/or download (for non-video) Content Products that you have purchased on the Service for your personal entertainment, non-commercial use. You may not re-sell or use any Content Products for any commercial purpose, redistribute or retransmit any Content Products, publicly perform or display any Content Products, or make derivative works from any Content Products. All rights not expressly granted herein are reserved by the Seller.

Purchases, Pricing, and In-App Credits

Prices for Products displayed on the GLOW website are quoted in U.S. currency. Prices for Products on the GLOW iOS mobile application and Apple TV application are reflected in credits and not U.S. dollars, and may be adjusted to cover additional expenses associated with offering Products on such platform. This means that prices on the GLOW iOS mobile application and Apple TV application may be higher than the price for the same Product on the GLOW website.

A Seller may change the prices of its Products at any time in Seller’s discretion, subject to the terms of this Agreement. POPSUGAR may collect taxes on any transaction (including Subscription renewal charges) where it reasonably believes tax collection is required. Sales tax will be determined by the shipping address of the order (or the territory associated with your Apple ID, if you make a purchase through the GLOW iOS mobile application or Apple TV application) and will automatically be added to your order in accordance with the current tax rate at time of charge. Sales tax is not collected in all territories, only those where we may be required to do so, or become required to do so by law in the future.

Promotions

POPSUGAR or Seller may, from time to time in its sole discretion, offer certain promotions on the Service, including promotional codes and other promotional discounts ("Promotions"). Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, Promotions cannot be combined with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any Promotion may only be used in accordance with the terms provided with that Promotion or elsewhere on the Service. Lost promotional codes cannot be replaced. Promotions will not be applied to subsequent automatically renewed transactions. Promotions are void where prohibited. Any Promotion may be terminated or modified by POPSUGAR at any time in its sole discretion.

Payment Processing

To purchase a Product on the GLOW website, you must provide a valid credit card number and other billing information, which is processed by our Third Party Payment Processor (as defined in the Additional Terms and Policies for Seller). You will be charged all fees in connection with Products purchased to the credit card that you provide. When you purchase a Product through the GLOW iOS mobile application or Apple TV application, all fees will be charged to the credit card associated with your Apple ID account. Your in-app purchase is subject to Apple’s terms and conditions. Failure to provide accurate and complete billing information may result in the cancellation of your purchase and loss of access to the Products purchased.

POPSUGAR has engaged third party service providers to perform services related to payment processing, including credit card processing. Certain information that you provide in connection with a purchase, including credit card information, will not be collected by POPSUGAR, but will be collected and processed by our Third Party Payment Processors. For more information on the data we collect and how we use it, please see our Privacy Policy.

Auto-Renewing Subscriptions and Cancellation

FOR ALL SUBSCRIPTIONS OFFERED ON THE SERVICE (ALSO REFERRED TO AS “PLANS” ON THE SERVICE), YOU ARE PURCHASING AN AUTO-RENEWING SUBSCRIPTION.

All Subscriptions automatically renew every month. Your credit card will be charged at the beginning of your Subscription period (when you place your Subscription order), and thereafter on a monthly basis until you cancel.

To cancel your Subscription on the Glow website: (1) go to “Order History” and find the Subscription you want to cancel, (2) click the “Cancel” button for that Subscription, and (3) click the "Confirm" button on the confirmation pop-up to confirm the cancellation of your Subscription. When you cancel a Subscription, the Subscription will expire at the end of the current renewal period and you will no longer have access to the Subscription content. Please note that Subscriptions may only be cancelled through the desktop and mobile websites for Glow, and cannot be cancelled via the Glow mobile application.

Buyer Identification

Buyer shall indemnify, defend and hold harmless POPSUGAR and its directors, officers, employees, representatives, consultants, agents, suppliers and partners (including Sellers) (“Indemnified Parties”) from and against any and all liability, claim, demand, damages, losses and costs (including attorney’s fees and costs) arising from or related to: (a) Buyer’s unauthorized use or dissemination of any User Content (including, but not limited to, any Content Product); (b) Buyer’s breach of this Agreement or violation of any applicable law or third party right; (c) any User Content that you submit to the Service, to POPSUGAR or to any Seller; or (d) any dispute between Buyer and a Seller other than for POPSUGAR Products. Buyer may not settle any claim that admits fault of an Indemnified Party or creates an obligation of any Indemnified Party with the prior written approval of such Indemnified Party, which shall not be unreasonably withheld. POPSUGAR reserves the right to handle its own legal defense in its sole discretions without limiting Seller’s obligation to indemnify any Indemnified Party, in which case Seller agrees to cooperate with POPSUGAR in such defense.

Additional Disclaimers

By using the Service, you understand that, except where a Product is clearly labeled as being offered by POPSUGAR (and not another Seller) ("POPSUGAR Products”), POPSUGAR does not create, store, or inspect any of the Products sold through the Service, and that all Products are produced, listed, sold, and (in the case of Physical Products) shipped directly by independent Sellers using the Service. For this reason, POPSUGAR does not make any representations, warranties or guarantees: (a) about the quality of the Products, including, but not limited to, their accuracy, usefulness, safety or legality; or (b) that the Seller has obtained all rights necessary to offer for sale the Products available on the Service. POPSUGAR is not responsible for the actions or omissions of any Seller, including with respect to the Seller’s use of your personal information, which you or POPSUGAR may provide to Seller. Sellers may provide links to Seller’s own websites or social media accounts or third party websites. POPSUGAR is not responsible for the content of any such websites or social media accounts or any interactions or transactions that may take place on or through such sites. Any dispute or legal claim you may have related to a Product (other than a POPSUGAR Product) that you purchase on the Service must be brought directly against the Seller of such Product.

While POPSUGAR makes reasonable efforts to ensure that the information provided to you in connection with POPSUGAR Products offered via the Service is accurate, we make no representations or warranties as to the accuracy, effectiveness, reliability, or correct use of any information provided on the Service (including information provided in connection with POPSUGAR Products and all User Content), or for any health problems that may result from training programs, products, or events that you receive or learn about through the Services. You further understand and acknowledge that you may be exposed to content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person.

POPSUGAR DISCLAIMS ANY RESPONSIBILITY IN CONNECTION WITH YOUR USE OF THE PRODUCTS PROVIDED THROUGH THE SERVICE (INCLUDING THE POPSUGAR PRODUCTS), AND ANY AND ALL SUCH USE SHALL BE AT YOUR OWN RISK. THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER STATE WHICH DOES NOT ALLOW SUCH LIMITATIONS.

Final Sale; No Refunds

All purchases, including recurring charges in connection with Subscriptions, are final and non-refundable. Substitutions are not permitted for any Product purchased through the Service. In the event that POPSUGAR decides to offer a refund (in its sole discretion), such refund will be issued in the original form of payment for your purchase.

New Jersey Residents

If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in the sections of these Additional Terms and Policies for Buyers listed below do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence:

  • Additional Disclaimers
  • Buyer Indemnification

Subject to the foregoing, POPSUGAR reserves all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial set forth in the section of the GLOW Terms entitled YOU ARE AGREEING TO BINDING ARBITRATION.