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Conditions for use of the server Glogster.com

What is Glogster.com?

The server Glogster.com including any and all relative servers and services (hereinafter referred to as the “Server”) provides services allowing users, in particular, to create audiovisual compositions with text information – visual Glogs (hereinafter referred to as the “Glogs”). The Server provides, above all, services allowing users to enter text, picture and sound information (hereinafter referred to as the “Data”) on the Server and to compose it in mutual relations.

The Server services especially enable that this Data may be displayed, sent, replayed, deleted or further processed in another manner.

The operator of the server Glogster.com and of all relative servers on the domain Glogster.com as well as of the data content of the domain Glogster.com inserted in other Internet parts (above all other web sites) is an authorized Server operator and administrator (hereinafter referred to as the “Administrator”).

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Server user and agreement with the Conditions

These Conditions shall regulate the mutual rights and obligations of the operator and the user.

The user of Glogster.com (hereinafter referred to as the “User”) shall be any person who uses and/or views Glogster.com and/or views another web site which takes over the content of the server Glogster.com. The user of Glogster.com shall be above all a person registered on the server Glogster.com and has his/her account created. Each user of Glogster.com shall express his/her agreement with any and all provisions of the conditions (these “Conditions”) by every use and/or every visit and undertakes to comply with them for the whole period of use of and/or visit to the Server.

If you do not agree with any condition for use of the Server, please stop using the server Glogster.com.

The Administrator shall be entitled to modify the provisions of these Conditions at any time, even without prior notice. The User shall acquaint himself/herself with changes in the Conditions on regular basis. If the User continues to use the Server services after new conditions are published on the Server, he/she must agree with the changed Conditions without any reservation.

Note for international visitors: Facts not regulated in these Conditions shall be governed by legal regulations in force in the Czech Republic.

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Liability for the content entered by the Server User

The Server User shall be held fully liable for any Data he/she has recorded on the server Glogster.com.

The User understands and accepts that any Data provided by him/her through the server Glogster.com

  • shall be publicly shown to any other users through the Internet network (domain Glogster.com as well as other domains),
  • shall be in accordance with legal regulations of the Czech Republic and with local legal regulations of the user’s country and shall not violate them,
  • shall be in accordance with the Charter of Rights and Freedoms and shall comply with basic ethical or moral codes,
  • shall not include any elements that may be considered racism, incitation to violence against nation, race, religion or against other group of people,
  • shall not promote hatred or harm against any individual or group,
  • shall not support Nazism or other movements repressing Rights and Freedoms,
  • shall not infringe the rights of third persons, including but not limited to copyright, other intellectual property rights, general personal rights, rights to business secret, etc.,
  • shall not include advertising,
  • may be used by a third person,
  • shall comply with individual particular instructions directly specified on the server Glogster.com,
  • shall be publicly shown to all users including users under the age of eighteen, in particular shall not include pornography,
  • shall not include any other material that could give rise to any civil or criminal liability under applicable law.

The Administrator shall not be held responsible at all for:

  • correctness, content, functioning or safety of Data of any users,
  • damage (if any) caused due to use or presentation of Data of any users on the Server and in other media,
  • illegal acts (if any) of third persons, as a result of which these persons may obtain access to the data of individual users and/or to their accounts and/or to the relevant database of the Administrator or its partners using the Server services, and will use or misuse the Data or make them accessible to third persons illegally,
  • damage (if any) caused if the Data get lost or becomes damaged.

The User declares that he/she is aware of any and all risks arising for him/her from the aforementioned requirements for the Data entered by him/her. In connection with use of the Server, the User especially undertakes not to breach legal standards of his/her country and the copyright and license rights held by third parties!

The User shall be solely responsible for any Data he/she has recorded on the server Glogster.com and the consequences of publishing them. The User shall be solely responsible for compliance with all provisions of these Conditions.

The User agrees to indemnify, defend and hold the Administrator, its officers, directors, employees, agents, licensors, suppliers and any third-party information service providers to the Administrators service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (i) any violation of these Conditions by User or by any other person accessing the service by using the User’s account and/or (ii) a claim that any Data recorded by the User infringes third party rights.

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Servers connected to Glogster.com

While using individual services and products, the Server may use services offered by interconnected servers (of other administrators and providers as well as those operated directly by the Administrator). The User hereby agrees that the content provided by him/her may be included in the interconnected servers, and accepts that the Administrator shall not be held responsible for the content of any interconnected server. Including these connections in the Server services shall not mean that the Administrator approves the content of these Servers.

The User shall be held responsible for that fact that he/she has acquainted himself/herself with the conditions for use of the interconnected servers and shall be responsible for compliance with those conditions.

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Copyright and other intellectual property rights

The User declares and confirms by recording Data to the Server that he/she is the holder of licenses, rights, approvals or permits according to the relevant regulations, which entitle the User to upload protected Data on the Server and to use the Data in communication to the public by the Internet without territorial limitation. The User shall not in particular be entitled to store Data on the Server without prior consent granted by the copyright holder or by the owner of the other intellectual property rights.

Unless otherwise expressly referred to in these Conditions, the User shall not modify, copy, distribute, hand over, display, execute, reproduce, publish, license, transfer or sell any information, software, products or services obtained from the Server services or create works derived from them.

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User’s obligations

The User especially undertakes to comply, in connection with use of and/or a visit to the server Glogster.com, with any and all provisions of these Conditions, any and all laws in force, general moral rules, and rules of good manners. He/she also undertakes to keep the account service password a secret and to notify the Administrator without any delay if the User becomes informed about any violation of the security related to the services.

The User undertakes to use the Server services only for personal and non-commercial purposes.

The User may not use the Server services especially in a manner which:

  • could damage, disable, overload or worsen the function of servers or availability or function of the service (or a network interconnected with the services),
  • would cause damage to the Administrator, other users or any of the Administrator’s customers, fellow workers or business partners,
  • would infringe the rights of third parties, particularly the intellectual property rights and general personal rights,
  • could result in modification or rerouting or an attempt to modify or reroute the service,
  • would mean resale or redistribution of the service or any part of the service provided by the Administrator (except for the direct function of the service used to insert a particular Glog to the User’s pages),
  • would mean use of any part of the service as a target point referenced from any unsolicited mass mail or unsolicited commercial mail (“unsolicited mail – spam”).

The User may not obtain or try to obtain, in any manner, any material or information concerning the Server services which has not been made publicly available or provided through servers operated by the Administrator

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Users under 13

You must be at least 13 years old to use Glogster. Users under 13 are not allowed to register for the site.

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User’s personal data

While using the Server services, the User shall specify a valid e-mail address, the validity of which is verified by means of an e-mail message sent by the Administrator after the due registration is completed, or other data required by the Administrator – first name, surname, date of birth, address, telephone, which are not contrary to Act. No. 101/2000 Coll., on personal data protection, and which are necessary to include the Data in the relevant category.

The User who has specified another person’s e-mail address understands and takes into account that he/she shall be held fully responsible for any damage he/she may have caused to the person whose e-mail address he/she has specified for registration as well as for any damage caused to the Administrator. The Administrator shall not be held responsible for any misuse of any e-mail address by another Server user. The User of the Server service expressly agrees with this provision.

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Protection of user’s personal data

On the Server, data is collected, where the only contact link between the Administrator and the User is the User’s e-mail address and also other information (if any) on the User, always in connection with the password selected by the User. The Administrator shall be entitled to use such data and shall administer it in accordance with legal regulations of the Czech Republic. Upon User’s request (even without any reason specified) sent by means of electronic mail from the verified address, the data inserted by the User shall be deleted from the database (any of his/her activities on the Server shall thereby be excluded and the data recorded by the User may be deleted).

The User hereby expresses his/her consent that any and all data provided to the Administrator may be used for marketing purposes, especially that commercial notifications (information and advertising e-mail messages) of the Administrator and its advertisers may be sent to the e-mail address specified by the User in connection with use of the Server services. An e-mail message sent as described above shall comply with any and all conditions of Act on regulation of advertising No. 138/2002 Coll. and Act on certain services of information company No. 480/2004 Coll., and may not be considered to be unsolicited advertising – spam. The User may express his/her disagreement with the sending of such e-mails by using the opt-out “Unsubscribe” mechanism in an email (any of his/her activities on the Server shall thereby be excluded and the data recorded by the User may be deleted).

If the Administrator finds out or is provided with clear evidence that another party’s e-mail address has been misused for registration to the Server services, the Administrator shall remove this e-mail from its database. The Administrator shall always remove only one particular user account to which the reported e-mail address (and Data of this account, if any) belongs.

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Administrator’s relationship to user’s data

If the User provides the Administrator with any of the aforementioned Data, his/her opinions or comments (electronically, by post or any other manner) in connection with use of the Server services, he/she shall thereby provide the Administrator with the following rights to the results of his/her activities, i.e. also if they are not an author’s work pursuant to Act No. 121/2000 Coll., on Copyright (hereinafter referred to as the “Contributions”): the right to use, modify, copy, distribute, hand over, exhibit publicly, execute publicly, reproduce, publish, sublicense, transfer or sell any such communications and to create derived pieces of work from them, sublicense unlimited rights to a third party to exercise any of the previous rights granted in relation to these Contributions. On the basis that these Contributions are being supplied, the Administrator shall not become entitled to use them in any manner and shall be entitled to remove them from web pages at any time according to its option. The User shall not become entitled to receive any remuneration for the right granted to the Administrator in relation to Contributions. In this case, the remuneration shall mean a machine time of the Server, which the operator has reserved for the Data/Work and by means of which other Internet users may see the Data/Work, assess its content in an entertaining form and work with it further.

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Advertising

The User understands and takes into account that advertisers and advertisements (own promotion) of services of the Server Administrator are an integral part of the Server. These advertisements cannot be considered unsolicited or required to be removed.

The Server uses third-party advertising companies. These companies may use aggregated information (not including the User’s name, address, email address or telephone number) about the User’s views to Glogser.com and other Web sites in order to provide advertisements about goods and services of interest to the User (Online Behavioral Advertising).

If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

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Administrator’s other rights and declarations

The Administrator shall be entitled to follow the Data from the profile of Server services about individual users for statistical services and commercial services. It shall be entitled to inform the interconnected servers on the statistical data concerning users of Server services. It shall be entitled to publish such information and use it for commercial purposes. These sets shall not contain any data on the basis of which the user could be contacted or identified without his/her prior request. The user of the Server services expressly agrees with this.

The Administrator shall be entitled to disclose the Server user’s data if this is necessary from the viewpoint of compliance with law or within judicial or administrative proceedings conducted with or against the Administrator; in order to protect or defend the rights of the Administrator or the operators of the Interconnected Servers; or in order to protect personal safety of users of the Administrator’s products provided within the Server or of third parties under the given conditions.

The Administrator declares that it is and will be engaged in implementation of the Server services with maximum efforts made and with professional care taken in order to minimize any and all risks (if any) that might be created for users or third parties while making use of the Server services.

The Administrator shall be held responsible neither for the activities of users of the Server services nor for the manner in which they use the Server services. The Administrator shall not be held liable for misuse (if any) of the Server services by users or third persons.

The Administrator shall not be held liable for any damage caused to the user or to third parties directly, indirectly or incidentally as a result of or in connection with use of the Server services. It shall not be held liable for any damage that might be caused to the users or third parties due to the impossibility of using the Server services or in a direct or indirect connection with this fact.

The Administrator shall not be held liable for the content of Glogs published on the Server. The User creating a Glog shall always be responsible for the content of the Glog. Nevertheless the Administrator shall be entitled to modify, innovate, cancel or delete the Server services without being granted the consent by users and without notifying them thereof in advance. Furthermore the Administrator shall be entitled to cancel, without any compensation, the account opened by the User if it is unsuitable, improper or if the rules set out by the Administrator have been breached. If the User’s given account ceases to be active or to bring new interesting information, the Administrator shall be entitled to cancel such inactive Glogs or even user accounts directly and to release them again for registration by new users.

If any provision is found to be invalid, this invalidity shall not affect validity and effectiveness of the other provisions in these Conditions.

These Conditions shall be governed by the Czech legal regulations. Any legal relationship not regulated by these Conditions or possible disputes between users and Glogster.com, shall be exclusively governed by legal regulations of the Czech Republic.

Server services may send messages to users in the form of electronic mail, SMS or MMS, in which the User receives required information. The Administrator shall be entitled to inform the User on Server services, functions, operation, pieces of news, etc.

Users may send questions, suggestions or complaints (if any) concerning the Server services or these Conditions through the service glogster@glogster.com.

These Conditions shall come into force and become effective when published.

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Glogster Privacy Policy

Glogster takes your privacy seriously. Please take the time to read and understand this policy so that you can understand how we use your personal information. Your use of Glogster (“the Site”), along with disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use. If you make use of the Site, register with the Site, request information or submit information in any way to or through the Site, you agree to these terms. As we update and expand our services, this policy may change, so please review it from time to time.

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Purpose of this Privacy Policy

The purpose of this privacy policy is to inform users of the Site as to what information we collect and how and why we use such information. Through the Site, users may enter personal identifying information (“PII”) about themselves. This policy explains our online information collection and use practices and the choices you can make about the way we use and share such information.

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The Personal Information We Collect

This policy applies to all PII that we collect and maintain about our users, including any contact information (e.g., name, address, email) or identifying information (e.g. date of birth, gender, country) that we may obtain in connection with providing services.

When the Site collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Glogster user. The Site may also collect PII from you if you choose to participate in Glogster activities like contests and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to Glogster for review.

We also may collect certain non-personal information (i.e. generic information that does not identify you personally) when you visit any of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows ’98 or Mac OS), the IP address you are using to connect to the Site and the domain name of your Internet service provider (e.g., America Online or EarthLink). This data is used to manage and improve Glogster, track usage, and for security purposes.

Glogster users may also choose to provide or store non-PII information in their profiles and/or Glogs, including but not limited to interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a user’s profile is provided at his or her sole discretion.

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How We Use Your Personal Information

We use your personal information to provide you with products or services that you have requested, to respond to questions or communications, and to get in touch with you when necessary. Except as otherwise set forth on the Site, in addition, we may send to you an e-mail offering products or services which we think you may be interested in or to ask you to participate in a survey. We do not consider any companies that we engage in partnerships with to be “third parties” for purposes of this policy. Thus, we may also share personal information provided online with companies affiliated with Glogster. Any of these companies may use and further share this information in the same ways we do. However, if we pass on personal information to an affiliated company, we require that it protect such information in a manner that is consistent with this policy and your expressed preferences.

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Updating or Removing Your Personal Information

Glogster users can change their Registration PII and Profile Information at any time and can control how visitors, other users and Glogster communicate with them by controlling their account settings, available within the “Edit Profile” portion of their Glogster profile.

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How We Share Your Personal Information

We will not share with third parties the personal information you provide except (a) if it is for the purpose(s) you provided it; (b) with your consent; (c) as may be required by law or as we think necessary to protect our company or others from injury (e.g. in response to a court order or subpoena, in response to a law enforcement agency request or when we believe that someone is causing (or about to cause) injury to or interference with the rights or property of another); (d) with other persons, service providers or companies with whom we contract to carry out internal site operations or our business activities (for example, sending out a product or a promotional item that you have requested on the Site); and/or (e) notifying you when we make material changes to one of our subscriber agreements or this policy. Examples of us sharing your personal information for the purposes submitted are if you participate in a third-party survey or request information from a third-party, we may provide the information provided to such third party so that they can send to you directly the information you requested. We will seek to obtain your consent at the place where the information is collected either by an “opt-in” or “opt-out” method, or by other means (such as sending to you an e-mail). As stated above, we do not consider any companies that we engage in partnerships with to be “third parties” for purposes of this policy and may also share personal information provided online with companies affiliated with Glogster. Any of these companies may use and further share this information in the same ways we do. However, if we pass on personal information to a family company, we require that it protect such information in a manner that is consistent with this policy.

Additionally, with your consent, we may share the personal information you provide online with companies not affiliated with us (i.e. third party companies) who are interested in marketing their products or services to you or in asking you questions, both online and offline. We will seek to obtain your consent either by an “opt-in” or “opt-out” method, or by other means (such as sending to you an e-mail). Companies with whom we might share your personal information may include consumer products, telecom, financial, military, market research, entertainment, and educational services companies and their third party service providers.

If you consent to receiving communications from non-affiliated companies, you may need to communicate with them directly if you later decide that you no longer wish to receive their communications or if you wish to change any data you provided online. In this instance, any changes or amendments to your personal information must be given directly to each company who communicates with you as these changes, amendments and/or deletions will not be exchanged between us and non-affiliated companies.

If we do share personal information with a non-affiliated company, to the extent practical, we require that they protect such information in a manner that is consistent with this policy. We cannot, however, guarantee how these non-affiliated companies will use your personal information.

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Personal Information Gathered Under Previous Versions of This Privacy Policy

Personal information collected via the Site will generally be governed by the version of the Privacy Policy in effect at the time the information was gathered. We will not retroactively make material changes to the way we use PII collected under previous versions of this Privacy Policy without obtaining your consent.

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Use and Disclosure of Anonymous Information

We sometimes use the non-personal information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how the Site is used, as well as to offer you products, programs or services. Sometimes we share aggregate information with others, including affiliated companies and non-affiliated companies.

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Receipt of Communications; Unsubscribe

If you would prefer not to receive marketing or promotional e-mails from us that may relate, for example, to new services or offerings, you may opt-out of receiving these communications by using the unsubscribe mechanism in an email.

Following your opt-out, please be aware that we, or our affiliates, may continue to contact you via email for administrative or informational purposes, including, but not limited to, follow-up messages regarding the administration of your account, any services, features or functions you have affirmatively enrolled in or registered to use, any promotions or sweepstakes you have participated in or have entered, or other transactions you have undertaken on the Site.

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Collection of Information by Others

The Site may contain links to other websites, including links that are placed there by us, such as third-party advertisements or text hyperlinks. Please be aware that we are not responsible for the privacy practices of any other website. We encourage all users of the Site to be aware of when they leave the Site, and to read the privacy policies of each and every website that collects personal information. This privacy policy applies solely to information collected by the Site, through the Site.

We may offer additional e-mail services or promotions that are sponsored by or co-sponsored with non-affiliated companies. Based on our agreement with them, these third parties may obtain personal information that site visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. We have no control over the use of this information by these companies.

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Cookies

To enhance your online experience with us, many of our web pages use “cookies.” Cookies are text files placed on your hard disk by our web server to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us. However, once you choose to provide the personal information, this information may be linked to the data stored in the cookie. Cookies cannot be used to run programs or deliver viruses to your computer.

We use cookies as a convenience feature to save you time, to understand how the Site is used, and to improve the content and offerings on the Site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent views. We also may use cookies to offer you products, programs or services. You can opt to have your browser reject cookies. If you do that, you may need to re-register with us every time you visit the Site in order to participate in certain functions of the Site. You should also know that companies that advertise on the Site (and their agents) might use their own cookies. This policy does not cover how these companies use their cookies.

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Clickstream Data

As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as “Clickstream Data,” can be collected and stored by a web site’s server. Clickstream Data can tell us the type of computer and browsing software you use and the address of the web site from which you linked to the Site. We may use Clickstream Data as a form of non-personal information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. This information will only be used to improve the Site. Any collection or use of Clickstream Data will be anonymous and aggregate.

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Supplementing Information

From time to time we may supplement information you give us with information from other sources, such as information validating your address. Thus, information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than the Site, including both offline and online sources.

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Discussions and Community Tools

Please remember that any information that is disclosed in chat rooms, forums, message boards, and other community areas becomes public information for other users to view and for us to use. For example, from time to time, we may use the content you write (including your name or user name if you post it) for promotional purposes, in e-mail newsletters or elsewhere, and by using the Site and/or these chat rooms, forums, message boards, news groups, and other community tools, you agree that we may do so. You should exercise caution when deciding to disclose your personal information in these areas, since anyone – not just us – may access your publicly posted information.

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Our Commitment to Security

We believe we have in place the appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online. Whenever personal information is passed on to non-affiliated companies, to the extent practical, we require that they also have in place the appropriate safeguards. We cannot, however, guarantee that they do so.

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International Users

If you are visiting the Site from a location outside of the Czech Republic, your connection will be through and to servers located in Canada and all information you provide will be processed and securely maintained in our web servers and internal systems located within Canada.

Users of the Site located in countries outside of the Czech Republic who submit personal information do thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to and/or storage of the information in Canada. This policy and our legal obligations are subject to the laws of Canada, regardless of the location of any user. In case of impossibility of application of the law of the country of storage, conflict resolution will adhere to rules of private law.

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Special Note for Parents

As stated in our Terms of Use, we will not knowingly collect, use, or distribute PII from anyone under 13 years old. If you believe that your child under 13 has gained access to the Site without your permission, please email abuse@glogster.com.

We have taken commercially reasonable steps to restrict use of the Site to those who are at least 13 years old. We do not market products or services for purchase by children and all children’s products or services we market are for purchase by adults only, or with adult permission.

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Transfer of Business Assets

The personal information you provide is considered a company asset and may be included among transferred assets if the Site, we, or parent(s) or any or all of our subsidiaries or affiliates or any of our assets are ever acquired by a third party.

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Changes to this Policy

Because our business needs may change over time, we reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. If at any time in the future we plan to use your personal information in a way that differs from this policy, we will revise this policy as appropriate. Your continued use of the Site following the posting of any changes to this policy means you accept such changes. This policy is effective as of 8/7/2012.

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Glogster Wallet

The Glogster Wallet is a virtual wallet that securely stores your personal credit or debit card information (bank, Pay pal, and other payment gates), or other preferred payment method. You can purchase online on the Glogster website by signing into your Glogster Wallet account.

You can use your Glogster Wallet only on the Glogster website. Glogster does not charge a fee to users to use your Glogster Wallet.

Glogster Wallet is available in the United States and countries outside of the taxpayer (VAT) European Union.

Your G’s in your Glogster Wallet can be exchanged for a service or product offered through Glogster website. The value of the claim and offered services is expressed in G’s. G’s are not convertible into currency or currency credit at any time. Glogster may from time to time to limit the period of its validity, but not for less than one year.

PAYMENTS: You can build Glogster wallet currency through selected activities on the website Glogster, or a standard payment method with a credit card purchase. Your Glogster Wallet allows you to store all major credit and signature debit cards including VISA®, MasterCard®, American Express®, and Discover®.

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Contact Us

If you have any questions or concerns about this privacy policy you may e-mail abuse@glogster.com.

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