Welcome to Hookah blender!
1.1 Hookah blender is a service and/ or web product
consisting of a a private photo cloud storage platform, which provides access to and
storage of pictures, but does not process the pictures, owned and operated by GLITCH
MEDIA SRL (hereinafter referred to as “GLITCH
MEDIA”), a limited liability company legally registered and validly
operating under the laws of Romania, with its registered office in Cluj-Napoca,
17 Observatorului Street, Ap. 57, Cluj County, registered at the Trade Register
under No. J12/2791/10.09.2013, Unique Registration Code: 32226333.
1.2. These Terms and Conditions
(hereinafter referred to as “this
Document”, “Agreement” or “Terms and Conditions”) govern your use
of the Hookah blender website located at hookahblender.com (hereinafter referred to
as the “Website”) together with its content and the Hookah blender services and/
or products (hereinafter referred to as “Services
and/ or Products”). This document is a legal agreement - a contract between
or Products and/ or placing an order.
1.3. USING THE WEBSITE (INCLUDING
ITS CONTENT) AND / OR ITS PRODUCTS AND / OR SERVICES, YOU AGREE TO THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS OR THE POLICIES INDICATED ABOVE, PLEASE DO NOT USE THE WEBSITE, RESPECTIVELY
THE Hookah blender PRODUCTS AND/ OR SERVICES.
2.1. Any reference in these Terms and
Conditions to “You” or “User” refers to you, the user of the
Website and its content, respectively of Services and/ or Products and “Yours” will be interpreted accordingly.
Moreover, “We” and “GLITCH MEDIA”
refer to GLITCH MEDIA SRL, and “Ours”
and “GLITCH MEDIA” will be interpreted accordingly.
Data” refers to
your personal data, which may be collected by Us on Our Website and / or in the
process of registering and / or purchasing Services and/ or Products. “Our Website” refers to the Hookah blender
website and all pages
associated with it. “Third party”
refers to any natural or legal person / entity / company that is not associated
with GLITCH MEDIA.
Hookah blender platform includes hookahblender.com respectively all the subsequent
domains of Hookah blender including but not limited to idp.Hookah blender.cloud;
THE PRESENT DOCUMENT. OBLIGATIVITY.
3.1. These Terms and Conditions are set
between Us (GLITCH MEDIA) and You (Users). No other person has the right to
benefit from, invoke or avail themselves of this Document.
3.2. Mandatory. Both this Document and all policies
Policy) are binding on you. By browsing Our Website, using Our Services
and/ or Products or placing an order, you agree to abide by this Document and
the policies indicated.
3.3. Changes and updates. We reserve the right to change
these Terms and Conditions at any time without notice. With respect to orders
and use by you of the Services and/ or Products, including the Website and its
content, the Terms and Conditions that are in force at the time of placing the
order and use will apply to them. By accessing our Website
you will find the latest version of the Terms and Conditions. Please read the
Terms and Conditions each time you access or use our Website!
Your use of the Website following the modification of these Terms and Conditions,
constitutes your acceptance of the amended Terms and Conditions.
3.4. We cannot guarantee that any Services
and/ or Products that have been included or presented at any time on our Website will be available at any time. We reserve the right
to terminate the marketing or provision of a service and / or product at any
3.5. These Terms and Conditions
constitute the entire agreement between you and us with respect to the subject
matter of any Agreement and supersedes any other agreement, any other prior
verbal or written agreement between you and us.
3.6. The Agreement concluded between
you and us is mandatory. You may not transfer, assign, strike or otherwise
alienate this Agreement or any of your rights or obligations arising from it, without
our prior written consent. We may transfer, assign, strike, subcontract or
otherwise dispose of this Agreement or any of our rights or obligations under
3.7. If a court or regulatory authority
decides that any provision of these Terms and Conditions is invalid or unenforceable,
that provision will be revoked and removed from the Terms and Conditions, and
the remaining provisions will continue to exist and take effect, in full legal
3.8. Contact. For
any questions or ambiguities, you can contact us with confidence at the
following address: email@example.com
4.1. Our Website
and its content, respectively Our Services and/ or Products are available to
you if: (1) you have over 18 and/ or full capacity to exercise your
rights and obligations; (2) you agree to these Terms and
Conditions and the aforementioned Policies; and (3) you provide real,
complete and up-to-date contact information. Proof of compliance with these
criteria may be required when accessing all or some of Our Services and/ or
Products in the form of identification or contact details.
INFORMATION ABOUT PERSONAL DATA
5.1. Our Website processes personal data
provided by you or collected from other sources, as we have described in detail
in accordance with national and European legislation on the protection of
personal data and the free movement of such data.
5.2. By visiting, browsing and / or using
the Website, placing orders or interacting with us by
any method and/ or any means of remote communication, you agree to the
processing of your data, personal information, as described in the Privacy
5.3. You also declare that all personal
data and information transmitted to us are real, accurate, complete
and up to date. To the extent that the data does not belong to you, you declare
that you have obtained the prior written consent of the data subject, whose
data you transmit to us or that you transmit the data based on another legal
basis, in accordance with Regulation (EU) 679/2016.
5.4. We may collect information through
cookies or other similar technologies, such as IP address, browser
or device. If you would like more information, we encourage you to access and
5.5. If through Our Services and/ or Products
you process personal data of individuals, as a controller of personal data or
as a person authorized by the controller with respect to personal data, you
agree to abide by the existing rules in the laws governing the processing of
personal data and, where applicable, the provisions of Regulation (EU) 2016/679
of the European Parliament and of the Council of 27 April 2016 on the
protection of individuals with regard to the processing of personal data and on
free movement of these data and repealing Directive 95/46 / EC (General Data
YOUR CONSENT FOR THE USE OF
6.1. By these Terms and Conditions you give us your consent to use methods of
distance communication during the conclusion, conduct, modification or, as the
case may be, termination of this Agreement. The costs incurred by the User for
the use of distance communication methods (such as the cost of connection to
internet services, the costs of telephone services etc.) are borne by the User.
CONDITIONS REGARDING THE USE OF OUR
7.1. By accessing, visiting, browsing,
placing an order or carrying out any other activity on our Website
and/ or, as the case may be, in connection with Our Services and/ or Products,
you undertake to comply with the following obligations:
a) You will use this Website
exclusively for making legitimate orders or for information;
b) You will not place any false or fraudulent
order, otherwise we reserve the right to cancel the order and inform the
competent authorities or, as the case may be, to go to court to repair any
c) You will provide real, accurate,
complete and up-to-date information;
d) You will respect the intellectual
property rights regarding any element found on our Website;
e) You will not take any action that
could cause any damage to our Website, otherwise we will
reserve the right to go to court to repair any damage caused.
reserve the right to block the access of any User who violates the above
obligations, to cancel orders, to notify the competent authorities for civil /
criminal liability in case of any illegal, prejudicial acts and to contact the
courts for reparation. in full of any damages that may be caused to us in the
event, present or future, including in order to obtain
unrealized benefits, as well as to recover the related court costs (including,
but not limited to attorneys' fees).
CONCLUSION OF THIS DOCUMENT
8.1. Date of conclusion of the Contract. The Terms and Conditions between
you and us are concluded and enter into force, as the case
may be, at the time of signing, sending the confirmation / acceptance of
the order or delivery of the Services and/ or Products ordered by you and shall
remain in effect until its termination for any of the reasons set forth in this
8.2. Protection. To the extent that we will not
accept the order, but your money has been withdrawn, we will proceed to refund
these amounts as soon as possible. The Terms and Conditions do not constitute,
within the meaning of civil law, an offer, but an invitation to tender.
8.3. The decision is ours.
We reserve the right to decide, unilaterally and without specifying the reason,
whether or not to conclude an Agreement. We will not
be liable to you in the event that we refuse to
fulfill an order.
AVAILABILITY OF SERVICES AND / OR
9.1. We cannot guarantee that the Services
and/ or Products mentioned at any time on our Website
will be available at any time to be provided for your benefit or for purchase.
We will not be liable to you in the event that a Service and/ or Product is no
longer found on our Website.
9.2. Although we will try to keep the
information on Our Services and/ or Products updated in real time on our Website, we cannot guarantee that this information will be
updated at any time.
9.3. Guarantees. To
the extent that Our Services and/ or Products are unavailable, but you have
already placed your order, we will inform you about the unavailability of these
Services and/ or Products and we will recommend similar Services and/ or
Products, at equal or close value, that we can provide for your benefit or which can be ordered. If you do not want to order
the services and / or similar products recommended by us, we will cancel the
order, and if you have already paid the price of the Services and/ or Products,
we will return the money as soon as possible.
PRICE OF SERVICES AND / OR
PRODUCTS. BILLING. THE PAYMENT
10.1. Services and/ or Products can be
paid with card, via Stripe and all the other payment
methods accepted by Stripe, offered to the User during the purchase process
and before the completion of the order.We do not
accept payments via bank tranfers.
You are responsible for entering the correct information on the payment
request. Please make sure that all fields are filled in and that all data
provided is correct. GLITCH MEDIA is not responsible for rejected requests due
to incorrect or insufficient data of the User.
10.3. Payment processing. If you opt for online payment by card
or, as the case may be, via
Stripe and all the other payment methods accepted by Stripe, we will not store
any data regarding your card.
10.4. If you choose to pay by card, the issuing
institution will validate and authorize the payment. If the transaction is not
processed for reasons independent of us (i.e.
non-existent funds on the card, expired card), the Agreement is not concluded
and we will have no obligation to give access to/ deliver the Services and/ or
Products, but you can select another payment method or try processing your
payment again with a valid card.
10.5. Recurring payments (automatic renewals). If you use your card or Stripe and
all the other payment methods accepted by Stripe to make a purchase, the
purchased services and / or products may be automatically renewed. The renewal
frequency can be monthly or annual, depending on the type of payment chosen. In
the case of annual renewals, the amount is debited before the package expires.
10.6. Automatic renewal can be cancelled
at any time by sending an e-mail to: [email protected],
providing clear written notice of such request or via the online platform (https://hookahblender.com). Until
you cancel automatic renewal, you authorize GLITCH MEDIA or the payment method
provider of your choice of Services and/ or Products to withdraw payments for Services
and/ or Products from your card or account.
11.1. "Acceptable use" of the Website and its content, respectively
of the Services and/ or Products is defined in clauses 12.2 to 12.10. Activities
that are against or otherwise prohibited by these clauses are therefore
contrary to the provisions of these Terms and Conditions and may result in
legal action and termination of the provision or provision to you of Hookah blender
services and/ or products.
11.2. Content. As a Hookah blender User you agree not to
post or distribute through the Website no material defamatory, threatening,
harmful or of any other illicit nature or contrary to good morals. Also,
materials that violate or infringe in any way Our rights or the rights of
others (including, but not limited to intellectual property rights, privacy
rights etc.) are strictly prohibited, as are activities that may cause harm or
nuisances to Us or others. Moreover, you will not express vulgar, brutal,
sexist, racist or offensive opinions in any other way. We encourage Users to
behave respectfully and politely with each other.
11.3. Content ownership. You will not post or make available
through Hookah blender materials that you do not own, without the express consent of
the rightful owner of the materials in question.
11.4. Participation in events. You will be subject to the rules of
any competition, promotions or marketing campaigns you participate in on our Website and / or which are related to Hookah blender services and
/ or products.
11.5. Interferences. You will not engage in any type of
behavior or action that may affect the operation or security of Our Website and
you will not cause unreasonable inconvenience or disruption to Our staff.
11.6. Identity. You will not act as a person /
entity and / or misrepresent your affiliation with a person / entity.
11.7. SPAM. You will not promote Our Website by sending SPAM
messages (e-mails sent to accounts without prior agreement with the account
owner). You will not use our e-mails to send SPAM messages.
11.8. Robot software. You will not use robotic software
(or other non-Hookah blender software) to create new Hookah blender websites, nor to access
and modify Hookah blender. Although,
using the publicly provided Application Programing Interface (API) is allowed,
we reserve our right to restrict, limit and / or change it without any prior
11.9. Alternative solutions. You
will not use alternative solutions of any kind to overcome the limitations of
any services and / or products, packages / subscriptions, functions or Hookah blender
11.10. Please have in
mind that: you are
responsible for your use of the Website and Services and/ or Products, and for
any use of the Website or Services and/ or Products made using your account.
Our goal is to create a positive and safe experience for all
of our users. To promote this goal, we prohibit certain kinds of conduct
that may be harmful to other users or to Hookah blender. When you use the Website or Services and/ or Products, you may not and
agree that you will not:
a) violate any law or regulation;
b) violate or infringe other people's
intellectual property, privacy, publicity, or other legal rights;
c) use Our Website or Services and/ or
Products to transmit, distribute, post or submit any information concerning any
other person or entity, including without limitation, photographs or personal
contact information of others without their permission;
d) transmit anything that is illegal,
abusive, defamatory, harassing, harmful to reputation, ,
hateful, racist, or otherwise objectionable;
e) send unsolicited or unauthorized
advertising or commercial communications, such as spam;
f) stalk, harass, or harm another individual;
g) impersonate or misrepresent your
affiliation with someone else;
h) use any means to “scrape”, “crawl”
or “spider” any web pages contained in the Website (although
Glitch Media may allow operators of public search engines to use spiders to
index materials from the Website for the sole purpose of creating publicly
available searchable indexes of the materials, but not caches or archives of
such materials, and Glitch Media reserves the right to revoke these
capabilities either generally or in specific cases);
automated methods to use the Website or Services and/ or Products in a manner
that sends more requests to the Hookah blender servers in a given period of time than
a human can reasonably produce in the same period by using a conventional web browser;
j) interfere with or damage our Website or Services and/ or Products, including, without
limitation, through the use of viruses, cancel bots, Trojan horses, harmful
code, flood pings, denial-of-service attacks, packet or IP spoofing, forged
routing or electronic mail address information or similar methods or
k) use, display, mirror or frame the Website
or any individual element within the Website or Services and/ or Products, Hookah blender’s
name, any Hookah blender trademark, logo or other proprietary information, or the
layout and design of any page or form contained on a page, without Hookah blender’s
express written consent;
tamper with, or use non-public areas of the Website or Services and/ or
Products, Hookah blender’s computer systems, or the technical delivery systems of Hookah blender’s
m) attempt to probe, scan, or test the
vulnerability of any Hookah blender system or network or breach any security or
n) avoid, bypass, remove, deactivate,
impair, descramble, or otherwise circumvent any technological measure
implemented by Hookah blender or any of Hookah blender’s providers or any other third party
(including another user) to protect the Website or Services and/ or Products;
o) attempt to decipher, decompile,
disassemble or reverse engineer any of the software used to provide the Website
or Services and/ or Products, except to the limited extent as may be allowed by
the applicable law; or advocate, encourage, or assist any third party in doing
any of the foregoing;
p) circumvent storage limits;
q) sell or resell any of the Hookah blender Services
and/ or Products unless specifically authorized to do so.
11.11. GLITCH MEDIA will have the right
to investigate and prosecute breaches of any of the above to
the fullest extent of the law. GLITCH MEDIA may involve and cooperate
with law enforcement authorities in prosecuting users who breach these Terms
and Conditions. You acknowledge that GLITCH MEDIA has no obligation to monitor
your access to or use of the or to review or edit any User content,
but has the right to do so for the purpose of operating the Website or
Services and/ or Products, to ensure your compliance with these Terms and
Conditions, or to comply with the applicable law or the order or requirement of
a court, administrative agency or other governmental body. GLITCH MEDIA reserves
the right, at any time and without prior notice, to remove or disable access to
any Hookah blender content that GLITCH MEDIA, at its sole discretion, considers as
objectionable for any reason, in violation of these Terms and Conditions or
otherwise harmful to the Website or Services and/ or Products.
11.12. Once you delete a file from your Hookah blender
account, it will be permanently deleted with no grace period. We are not
responsible for deleted content.
12.1. All materials and content elements
copyrighted or protected by other intellectual property rights, offered as part
or whole of Our Website, represent the intellectual property of GLITCH MEDIA
SRL and remain Ours or Our licensees’.
12.2. Users of Our Website do not have
the right to download, modify in whole or in part the Website, reproduce in
part or in full the Website, copy, distribute, sell or
exploit the Website in any manner contrary to the interests of GLITCH MEDIA SRL,
nor to assist / facilitate any third party in actions such as those mentioned
above, whether or not there is a commercial purpose. Moreover, if you find out
about such distributions or commercial operations, you agree to notify us
12.3. Any content (including, but not
limited to databases, graphics, trademarks, content) is the intellectual
property of GLITCH MEDIA SRL. Our entire Website is protected by Law no. 8/1996
on copyright and related rights, and for any infringement of intellectual
property rights we reserve the right to refer to the courts competent for full
recovery of the damage, as well as to file a criminal complaint to the
competent judicial bodies in the view to criminal prosecution of the
12.4. What You License to Hookah blender. When you use Our Services and/ or
Products, you become a participant in an online community of people who enjoy
taking and sharing photographs. In order for us to
make your photos available to you and your invitees, as well as to use images
to offer you our special variety of online services, we need the rights to make
use of all content on the Services and/ or Products (in accordance with and
subject to these Terms and Conditions, of course). Accordingly, as a condition
of use, you hereby grant Hookah blender a universal, nonexclusive right to access and
storage any content transmitted or provided to the Hookah blender services and/ or products
by you, solely for the purpose of providing the Hookah blender services and/ or products.
You remain the owner of all content that you submit to the Hookah blender services
and/ or products and as a condition of use, you represent and warrant to Hookah blender
that you are the owner of the copyright to content you submit to the Hookah blender
services and/ or products or that you have written permission from the copyright
owner to submit such content.
12.5. Copyright Protection for
Content on the Hookah blender Services and/ or Products. All the information, content, image files, software and materials
offered by Our Services and/ or
Products are protected by Romanian and international copyright laws and
by other applicable laws. You understand that Hookah blender is unable to provide you
with permission to copy, display or distribute material for which you do not
own the copyright, and we do not provide others with such rights to your content
(unless you give us permission to do so). You may not copy or distribute such
material without the written consent of the copyright owner, and you are solely
responsible for any copyright violations that you may incur as
a result of your activities on the Hookah blender platform. Glitch Media has
the absolute right to terminate your account or exclude you from the Website if
you use the Services and/ or Products
to violate the intellectual property rights of third parties.
We are committed
to ensuring that Our Services and/ or Products remains an organized and safe
place to store photos. Users are encouraged to use the Hookah blender services and/
or products to upload and organize photo information without limitation. To this
end, we require that every User of Our Services and/ or Products agrees not to
use these Services and/ or Products to post, store, share or otherwise obtain
Prohibited Content. Generally, Prohibited Content includes (without limitation)
any of the following types of content:
a) Content we believe is abusive,
deceptive, defamatory, slanderous, offensive, or otherwise inappropriate.
b) Copyrighted material that is used
without the express permission of the owner.
c) Content that violates or encroaches
on the rights of others.
d) Content or other material that
contains viruses, worms, corrupt files, Trojan horses and other forms of
corruptive code or any other content, which may compromise the Hookah blender Services
and/ or Products.
e) Content that advocates illegal
f) Content that harms minors in any
g) Any links to the above.
13.2. Notwithstanding the above, when
you access the Website and/or use the Services and/ or Products, you acknowledge
and agree that all content (whether private or public) that is posted and
stored on the Website is the sole responsibility of the person who submitted it
for posting and/ or storage. In other words, you are responsible for any content
that you submit and share. Moreover, you understand that by viewing the Website,
you may be exposed to content that you consider to be offensive
and you take sole responsibility for such exposure. Finally, you acknowledge
that Hookah blender in no way guarantees the accuracy, quality
or appropriateness of content available on the Website and/ or Hookah blender. In no
event shall GLITCH MEDIA SRL (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature,
whether direct or indirect, arising from or related to any content made
available on or through the Hookah blender Services and/ or Products, including
(without limitation) errors or omissions in such content, and loss or damages
incurred as a result of use of such content.
TERMINATION / MODIFICATION OF THIS
14.1. You agree and acknowledge that
GLITCH MEDIA, in its sole discretion, may terminate your account (or any part
thereof) or use of the Hookah blender services and/ or products, and remove and
discard any content including, but not limited to, any and all information,
communications, postings, albums, image files or any other content within the Services
and/ or Products, at any time, without notice, for any reason, including, but
not limited to:
a) Conduct violating these Terms and Conditions or other policies or guidelines set forth by GLITCH
MEDIA elsewhere on the Website;
b) Conduct that GLITCH MEDIA believes
is harmful to other Hookah blender Users or other third party
information providers; and
c) Conduct that violates the letter or
spirit of these Terms and Conditions.
14.2. Further, you agree that GLITCH
MEDIA shall not be liable to you or any third-party for any termination of your
access to the Hookah blender services and/ or products.
INTERRUPTION / TERMINATION OF
15.1. We reserve the right to immediately
terminate or suspend our Services to you indefinitely, if you violate or have
reasonable cause to believe that you will be violating these Terms and
Conditions. We will also cease Our Services to you, at our discretion, if you
engage in practices that we consider unacceptable. The decision to take such actions
(including, but not limited to the interruption of all services) is at the
discretion of GLITCH MEDIA and may be made without giving reasons for the
16.1. The User undertakes and guarantees
to maintain the confidentiality of the Confidential Information, to prevent its
disclosure to third parties and not to use it for purposes other than those
provided for in this Agreement, except those previously authorized in writing by
GLITCH MEDIA and subject to the Terms and Conditions imposed by it.
16.2. Confidential information may be
made available either in writing, visually or electronically legible, including
by fax or other electronic means of transmission or orally, and may be marked
as confidential or not.
16.3. The User will not disclose to any
third party the Confidential Information received from GLITCH MEDIA, except for
the Services and / or Products purchased and only under the conditions shown by
these Terms and Conditions and unless required by applicable law. In the event that the User discloses the Confidential
Information to another person (public or private) without a legitimate
interest, GLITCH MEDIA reserves the right to sue the User to cover any damages
that may result from such disclosure.
LIMITATION OF LIABILITY
17.1. WE ARE NOT LIABLE FOR DAMAGES
SUFFERED BY USERS OR THIRD PARTIES OR THEIR HARDWARE, WHICH MAY OCCUR DIRECTLY,
INDIRECTLY OR ACCIDENTALLY AS A RESULT OF THE MATERIAL OR IN CONNECTION WITH
THE USE OF OUR SERVICES AND/ OUR PRODUCTS, INCLUDING DOWNLOADING MATERIAL
THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGES SUFFERED BY USERS OR THIRD
PARTIES AS A RESULT OF INABILITY TO USE OUR SERVICES AND / OR PRODUCTS AND / OR
OUR WEBSITE DIRECTLY, INDIRECTLY OR IN CONNECTION WITH THIS EVENT. THEREFORE,
THE USE OF THE SERVICES IS MADE AT YOUR OWN DISCRETION AND RISK AND YOU ARE
EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DEVICE
WHICH YOU OPERATE / USE OR FOR THE LOSS OF DATA RESULTING FROM THE DOWNLOAD AND/
OR USE OF ANY SUCH MATERIAL.
17.2. YOU UNDERSTAND AND EXPRESSLY AGREE
THAT YOUR USE OF OUR WEBSITE AND / OR OUR SERVICES AND / OR PRODUCTS IS MADE ON
YOUR OWN RISK AND THAT THE Hookah blender SERVICES AND / OR PRODUCTS ARE OFFERED “AS IS” AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT
RESPONSIBLE FOR THE AVAILABILITY AND/ OR THE FUNCTIONING OF ANY THIRD PARTY WEBSITE AND/ OR MATERIALS YOU MAY ACCESS THROUGH
OUR WEBSITE. THE LIMITATION OF LIABILITY APPLIES TO THE EXTENT PERMITTED BY
18.1. We do not endorse
and we are not responsible for or liable for any content, advertising, product
or service mentioned on or available through the third party websites.
18.2. Any transaction between you and any
third party found on or through Our Website, including payment for and delivery
of products, services and any other terms, conditions, warranties
or representations associated with such relationships are made between you and
the entity concerned. Therefore, we are not responsible or liable for any loss
/ damage of any kind that may occur in these cases.
EXCLUSION FROM WARRANTY
19.1. GLITCH MEDIA, its subsidiaries and
its licensors do not represent and, to the fullest extent permitted by law, do
not warrant that:
a) Use of the Services and / or
Products will meet your requirements;
b) The use of the Services and / or
Products will be uninterrupted, on time, safe and without errors or viruses;
c) Any information obtained by you as
a result of using the Services and / or Products will be accurate or secure;
d) Defects in the operation and functioning
of any software provided to you as part of the Services and/ or Products will
19.2. No information, advice
or consultation, whether verbal or written, obtained by you from us, through us
or through our Services and / or Products, will not create warranties not
clearly stated in the terms.
19.3. Furthermore, GLITCH MEDIA expressly
excludes all warranties and conditions of any kind, expressed or implied,
including but not limited to the suggested warranties and merchantability
conditions, appropriate for a particular purpose, to the extent permitted by
19.4. Subject to the general provisions
of Chapter XVII (LIMITATION OF LIABILITY) above, YOU EXPRESSLY UNDERSTAND AND
AGREE THAT GLITCH MEDIA, ITS SUBSIDIARIES AND LICENSES WILL NOT BE LIABLE TO
YOU FOR THE CONDITIONS REFERRED TO IN CLAUSE 19.5., to the extent permitted by
19.5. GLITCH MEDIA, its subsidiaries and
its licensors will not be liable to you for:
a) Any direct, indirect, accidental
damages, as a special or exceptional consequence that may be suffered by you no
matter how they were caused and under any theory of liability. This will
include, but is not limited to, loss of profit (incurred directly or
indirectly), loss of customer or business reputation, loss of data, cost of
purchase of replacement goods or services, or other intangible losses.
b) Any loss or damage that may be
incurred by you, including, but not limited to, loss or damage as a result of:
trust placed by you on the completeness, accuracy or existence of any
advertisement or as a result of any relationship or transaction between you and
any advertiser or sponsor whose advertisement appears in the Services and/ or Products;
changes made by GLITCH MEDIA to the Services and/ or Products or to any
permanent or temporary interruption in the provision of the Services and/ or Products
(or other functions in connection with the Services and/ or Products);
corruption or failure to store any content and other communications stored or
transmitted by or through your use of Services and/ or Products;
failure to provide GLITCH MEDIA and intrinsically Hookah blender with correct,
accurate and up-to-date information;
failure to keep your passwords or account details secure and confidential.
21.1. We will not be held liable for any
delays or failures in the performance and/or functioning of Our Services and/
or Products if an event of force majeure occurs. Force majeure is an
unforeseeable event beyond the control of the parties
and which cannot be avoided.
JURISDICTION. APPLICABLE LAW.
22.1. This Document and all operations
resulting from its provisions are subject to Romanian law.
22.2. In the absence of an amicable agreement,
any litigation/ disputes that may arise will eventually be resolved by the
competent Romanian courts.
22.4. In accordance with the legal
provisions, the User is also informed that he can take advantage of the
European online dispute resolution platform: webgate.ec.europa.eu/odr/.
INFORMATION PROVIDED ON THE WEBSITE
23.1. We are not
responsible or liable for:
a) The accuracy, timing
or accuracy of any information/ statements on Our Website and we will not be
responsible for any statements, advice and/ or opinions generated by Users on
blogs and forums (except as limited by law). If you have any claims arising out
of the actions and / or statements of another User, you agree to pursue such
claims only against that User and not against Us;
b) The quality, accuracy or adequacy
of our Website, except as required by law. However, we
will make every reasonable effort to provide you with services in the most
24.1. You agree that all communications
made under this Agreement shall be by e-mail to the address provided by you
through Our Website or by any other means, agreeing that such communication is
valid by simple proof from us regarding the sending of the communication. We
have the right to use other methods of transmission (by e-mail, courier or
through bailiffs) of communications to you.
User and GLITCH MEDIA agree that all communications in connection with this
Agreement will be made to the following addresses:
the User - at the e-mail address mentioned through Our Website or by any other means;
GLITCH MEDIA - at the following e-mail:[email protected]
CONTINUOUS IMPROVEMENT PROCESS
25.1. The quality of our Services and /
or Products is the main objective in the attention of GLITCH MEDIA and instrinsically
Hookah blender; therefore, Our system is subject to a
continuous improvement process, both in terms of technology and product design.