Terms of Service

1. DESCRIPTION OF GLIDE™ SERVICE

TransMedia has designed a new protocol for the establishment of an online community based on respect for each other's files, information and communications - a protocol that provides the freedom to share and communicate with personal responsibility. The Glide™ Service is a compatible, online solution that combines the functionality of software and the sharing capabilities of online services, and provides you with file management, file sharing, communications and ecommerce capabilities. You may elect to be a Glide™ Premium account holder ($4.95 per month or $49.95 annually), which includes access to all currently available software and service environments with 250 gigabytes of storage, or a Glide™ Free user, which includes access to all currently available software and service environments with 30 gigabytes of storage. You will also be authorized to download software made available directly from this site, providing you with added capabilities in accessing and managing your Glide™ account from various platforms and devices.

TransMedia undertakes to provide you with the best possible experience in using the Glide™ Service and will undertake commercially reasonable efforts to ensure that the Glide™ Service will be available at all times. However, you understand that TransMedia cannot guarantee, and does not represent or warrant, that the Glide™ Service will be uninterrupted or error-free or that you will be able to access the Glide™ Service at all times. In addition, TransMedia assumes no responsibility for the timeliness of transmission, mis-delivery, corruption, deletion, destruction or failure to store any communications, files or content while you are using the Glide™ Service. If any information, data, text, images, documents, music, photographs, graphics, videos, messages or other content stored in your account is damaged, corrupted, deleted or destroyed, TransMedia will have no liability or obligation to you.

You understand that you are responsible for obtaining access to the Glide™ Service and that access will involve third party fees such as the fees of an Internet service provider or other charges. You are responsible for all such third party fees. You must also provide and are responsible for all hardware and equipment necessary to access the Glide™ Service.

TransMedia reserves the right to change, suspend or discontinue any or all aspects of the Glide™ Service at any time, including the availability of any feature or functionality. TransMedia also reserves the right to impose limits or restrictions on your use of the features and functionality of the Glide™ Service, or to restrict your access to all or any part of the Glide™ Service, in all cases without notice to you and without any liability on the part of TransMedia.

2. REGISTRATION

TransMedia provides the Glide™ Service to you subject to the terms set forth herein and all policies, guidelines, pricing schedules and other supplemental documents published from time to time by TransMedia, all of which are hereby expressly incorporated by reference into the Terms of Service. The Terms of Service and any such policies, guidelines, pricing schedules and other supplemental documents may be amended or modified by TransMedia at any time, and from time to time, without notice to you, and your continued use of the Glide™ Service shall constitute your consent to such changes. You can review the most current version of the Terms of Service at: http://www.glideos.com/terms.html

These Terms of Service constitute a legal document that sets forth your obligations and responsibilities as a user of the Glide™ Service. In order to use the Glide™ Service, you must accept these Terms of Service and you must comply with the Terms of Service as a condition to your continued use of the Glide™ Service. If you or anyone using your Glide™ account violates these Terms of Service, you agree that TransMedia may take any and all actions it deems necessary or appropriate, in its sole discretion. This can range from the issuance of a warning about a violation to the termination of access to your Glide™ account. You represent that you are of legal age to enter into a binding contract and that you are not a person prohibited from using the Glide™ Service under the laws of the United States or any other applicable jurisdiction.

When you complete the account registration process and accept the Terms of Service, you will become a Glide™ account holder. You agree to provide true, accurate and complete information on the registration form and to maintain and update your information on the registration form in order to keep it true, accurate and complete. TransMedia reserves the right to reject any registration for any reason or for no reason, in its sole discretion.

As a Glide™ account holder, TransMedia provides you with a non-exclusive, non-transferable limited license during the term of your account to use the member name and password provided to you in order to access your Glide™ account and the software, technology, methodologies and processes related to the Glide™ Service, subject to these Terms of Use. You are responsible for maintaining the confidentiality of your member name and password, and are fully responsible for all activities that occur under your member name and password. TransMedia is not liable for any loss or damage arising from your failure to comply with these obligations. You agree to immediately notify TransMedia of any unauthorized use of your password or your Glide™ account or any other breach of system or network security.

3. PAYMENT OF FEES AND CHARGES

You agree to pay all charges imposed by TransMedia as set forth on the Glide™ web site (www.glideos.com) for the use of the Glide™ Service. All subscription charges are exclusive of all sales, use and other taxes, except as required by applicable law. TransMedia reserves the right to change prices or to institute new charges for the Glide™ Service and any related services. Price changes and the institution of new charges during the term of your account will be posted on the Glide™ web site and generally will apply on the thirtieth day following the posting of such price changes or new charges on the Glide™ web site, except in the case of charges that apply to new features and functionality which may become effective immediately upon posting on the Glide™ web site. Posting of price changes and new charges on the Glide™ web site will be deemed adequate notice to you of such price changes and new charges. Your continued use of the Glide™ Service following the posting of any price changes or new charges will indicate your acceptance of such price changes and/or new charges.

You authorize TransMedia to charge all fees related to your Glide™ account, including any fees for additional features and/or services and any costs associated with the licensing of content or the purchase of goods or services, to the credit card account provided by you when you register for the Glide™ Service. You also agree that TransMedia may automatically charge your credit card with any fees associated with the renewal of your account without further authorization from you, unless you provide TransMedia with written notice that you do not wish to renew your account at least fifteen (15) days prior to the end of the then current term of your account, or you provide TransMedia with at least 15 days' advance written notice that you wish to change your previously designated credit card account. In the event that you cancel your account after the fees have been charged to your credit card, TransMedia will not refund any prepaid fees to you. If payment is not timely received by TransMedia from your credit card issuer, you agree to pay all amounts due from you to TransMedia directly, immediately upon demand by TransMedia.

If you believe that you have been billed incorrectly, you must contact TransMedia no later than 60 days following the closing date on the first billing statement in which the incorrect charge appeared in order to be eligible for an adjustment. Any billing inquiries should be directed to TransMedia at accounts@glidesociety.com.

4. Glide™ USER GUIDELINES

You understand that all information, data, text, images, documents, music, photographs, graphics, videos, messages and other content uploaded to or transmitted to or from your Glide™ account are your sole responsibility. This means that you, and not TransMedia, are solely responsible for all files and content that you post, mail, transmit, share or otherwise make available while using your Glide™ account. TransMedia does not control any of your content and does not guarantee the accuracy, integrity or quality of such content. You understand that you may be exposed to files, content or information that is vulgar, offensive, indecent or objectionable by other users even though such files, content and information are expressly prohibited under the Terms of Service, and under no circumstances will TransMedia be liable in any way for any such content or the distribution or publication thereof.

You are solely responsible for your conduct, and the conduct of anyone using your Glide™ account. TransMedia reserves the right to monitor your account to ensure compliance with the Terms of Service. When you use your Glide™ account, you agree to at all times comply with the Terms of Service, the requirements of all applicable laws and regulations, as well as current standards for communicating on-line.

TransMedia reserves the right to monitor, review, retain and/or disclose any files, content or information in your Glide™ account in order to assess your compliance with the Terms of Use (including all policies, guidelines and other supplemental documents adopted by TransMedia) and to comply with applicable laws, rules, regulations, legal process or governmental requests. TransMedia may also access your Glide™ account, including any files or content, for such purposes or to respond to service or technical problems.

You understand that the Glide™ Service, among other things, permits an account holder to confirm if and when a person to whom you send mail, files or content has accessed such information without obtaining the agreement of the recipient. TransMedia will have no liability or obligation to you or any such recipient as a result of this feature.

You understand and agree that you may use your Glide™ account solely for your personal use and that you may not use the account for business or professional purposes. You agree not to reproduce, duplicate, copy, trade, advertise, sell, resell or exploit for commercial purposes any content or any portion of the Glide™ Service, use of the Glide™ Service or access to the Glide™ Service.

TransMedia reserves the right to terminate your access to your Glide™ account at any time, with or without cause, for any reason or no reason, with or without notice. TransMedia may also terminate your Glide™ account in the event of any breach or non-compliance by you with the Terms of Service, any infringement by you of TransMedia's or a third party's intellectual property or any other circumstances which, in TransMedia's sole discretion, merit termination. In the event of termination of your Glide™ account, (a) your right to use the Glide™ Service and the limited non-exclusive, non-transferable license granted to you to use the TransMedia software, technology, methodologies and processes related to the Glide™ Service shall immediately cease; (b) TransMedia shall not have any obligation to maintain any files, content or other information in your Glide™ account or to forward any such files, content or other information to you or any third party; and (c) TransMedia may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees to you.

TransMedia makes the Glide™ Free service available as an added benefit to the Glide™ Premium and Standard account holders, and TransMedia reserves the right to terminate any GlideFree user at any time for any reason without notice. The use of the GlideFree service is subject in all respects to these Terms of Service.

5. PROHIBITED CONDUCT

Glide™ provides powerful file sharing and communications tools for your use. Your Glide™ account may be used only for lawful and proper purposes. Posting, transmitting, sharing, using, distributing or storing content that could subject TransMedia to any legal liability, whether in tort or otherwise, or that is in violation of applicable laws or regulations, or otherwise contrary to commonly accepted community standards, is prohibited and you agree to comply with the foregoing obligations at all times when you are using the Glide™ Service. By accepting the Terms of Service, you agree, among other things, not to use the Glide™ Service to:

• Upload, post, transmit, mail, share or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise objectionable.
• Impersonate, misappropriate or misrepresent yourself as another person or misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to the Glide™ Service, the computer systems, networks or servers connected to the Glide™ Service or to the accounts of other Glide™ account holders.
• Post, transmit, mail, share or otherwise make available any indecent or obscene content.
• Advertise a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs or drug paraphernalia.
• Post, transmit, mail, share or engage in activities that infringe the intellectual property or ther rights of any person.
• Upload, post, transmit, mail or otherwise make available any unsolicited or unauthorized advertising or promotional materials, junk mail, spam, chain letters or other forms of solicitation.
• Upload, post, transmit, email or otherwise make available any materials that contain software viruses or other deleterious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Harvest, collect, gather or assemble information or data regarding other Glide™ users without their consent.
• Harass or interfere with the use and enjoyment of the Glide™ Service by any other user.
• Interfere with or disrupt the Glide™ Service or any servers or networks connected to the Glide™ Service.
• Provide material support or resources (or conceal or disguise the nature, location, source orownership of material support or resources) to any organizations designated by the United Statesgovernment as a foreign terrorist organization.

Please note that these are only examples of prohibited conduct, and you are requested to exercise prudent judgment and respect for your fellow Glide™ users in monitoring your compliance with the Terms of Service. TransMedia reserves the right to make the final determination whether your conduct complies with the Terms of Service.

6. INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT

As a Glide™ account holder, content may be made available to you that is owned by others and/or protected by copyrights, trademarks or other intellectual property rights. You are prohibited from transmitting, mailing, sharing, copying, modifying, distributing, creating any derivative works from or making any unauthorized copies of any such content. TransMedia reserves the right to terminate your Glide™ account if it contains copyrighted or other protected materials that have not been legally obtained by you. If a third party content owner takes legal action against TransMedia because of your unauthorized use of any such content, you agree to indemnify and hold TransMedia (and its subsidiaries, affiliates, directors, officers and employees) harmless from any liability, claims, demands, actions or judgments arising therefrom, including the costs of TransMedia hiring legal counsel to defend TransMedia against such action.

In addition, TransMedia has certain intellectual property rights to the software, technology, methodologies and processes related to the Glide™ Service. TransMedia expressly reserves all rights in and to all proprietary and intellectual property rights related to the Glide™ Service. Upon acceptance of the Terms of Service, and so long as you are in compliance with the Terms of Service, TransMedia grants you a non-exclusive, non-transferable limited license to use the software, technology methodologies and processes related to the Glide™ Service. You agree that you will not, directly or indirectly, copy, reproduce, display, transmit, sell, engineer, reverse engineer, decompile, disassemble, create derivative works from any of TransMedia's software, technology, methodologies, processes or other information related to the Glide™ Service or otherwise attempt to derive any of TransMedia's proprietary or intellectual property related to the Glide™ Service. You may not modify in any way any of TransMedia's software, technology, methodologies or processes related to the Glide™ Service.

All TransMedia software related to the Glide™ Service that is downloaded by you is and will remain the exclusive property of TransMedia and your use thereof is subject in all respects these Terms of Service. GlideFree users are expressly prohibited from downloading any TransMedia software related to the Glide™ Service.

7. VIOLATIONS OF SYSTEM AND NETWORK SECURITY

Violations of system and network security are prohibited and may result in criminal and civil liability. TransMedia reserves the right to investigate incidents involving such violations, and may involve and report any suspected criminal activity to appropriate law enforcement. Examples of system and network security violations include the following:

• Unauthorized access to or use of data, systems or networks, including any attempts to probe the possible vulnerability of a system or to breach security or authentication procedures.
• Unauthorized monitoring of data on any network or system.
• Interference with service to any user, host or network, including, without limitation, mailbombing, flooding or other deliberate attempts to overload he system or network.
• Falsifying your user identity or providing false information to TransMedia or other users of the Glide™ Service.
• Posting viruses or software designed to create a virus or otherwise do harm to the Glide™ Service, or taking any other action to disrupt the normal operation of the Glide™ Service.

You are also prohibited from abusing the Glide™ Service email and related functionalities by sending unsolicited bulk emails, including, without limitation, bulk commercial advertising and informational announcements.

The Glide™ Service is designed for personal use and is not intended to be used for commercial activities or as a tool to assist e-commerce marketing, advertising, promotions and sales over the Internet. If you abuse TransMedia's storage or bandwidth services, TransMedia reserves the right to disable or terminate your account and you will be liable for any costs associated with such excess usage.

TransMedia reserves the right, in its sole discretion, to monitor you use of your Glide™ account for the purpose of investigating violations of the Terms of Service. If TransMedia undertakes such an investigation, TransMedia may seek and gather information from any Glide™ account user (including users with limited rights of use) and other third parties. During an investigation, TransMedia may suspend or terminate your Glide™ account. If TransMedia believes that any criminal activity is involved, TransMedia reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

TRANSMEDIA RESERVES THE RIGHT TO MONITOR YOUR USE OF YOUR Glide™ ACCOUNT FOR THE PURPOSE OF INVESTIGATING POSSIBLE VIOLATIONS OF THE TERMS OF SERVICE.YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST TRANSMEDIA, AND TO INDEMNIFY AND HOLD TRANSMEDIA HARMLESS FROM ANY AND ALL CLAIMS AND LIABILITIES RELATING TO ANY ACTIONS TAKEN BY TRANSMEDIA AS PART OF ANY INVESTIGATION OF A POSSIBLE VIOLATION OF THE TERMS OF SERVICE, OR AS A RESULT OF ANY FINDINGS THAT A VIOLATION HAS OCCURRED, OR AS A RESULT OF ANY ACTIONS TAKEN BY TRANSMEDIA TO TEMPORARILY OR PERMANENTLY TERMINATE YOUR ACCOUNT. THIS MEANS THAT YOU CANNOT SUE TRANSMEDIA OR RECIVER ANY DAMAGES FROM TRANSMEDIA AS A RESULT OF ITS DECISION TO WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TRANSMEDIA'S CONCLUSION THAT A VIOLATION HAS OCCURRED.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF OR INABILITY TO USE THE Glide™ SERVICE IS AT YOUR SOLE RISK. THE Glide™ SERVICE IS PROVIDED BY TRANSMEDIA "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS PR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TRANSMEDIA MAKES NO WARRANTY THAT: (A) THE GlideSERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED, ACCESSED OR PURCHASED BY YOU THROUGH THE GlideSERVICE WILL MEET YOUR EXPECTATIONS OR WILL PERFORM AS ADVERTISED; OR (C) ANY ERRORS OR PROBLEMS WITH TRANSMEDIA'S SOFTWARE, TECHNOLOGY, METHODOLOGIES OR PROCESSES WILL BE CORRECTED ON A TIMELY BASIS, IF AT ALL.

TRANSMEDIA CANNOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIALS ASSOCIATED WITH THE Glide™ SERVICE WILL BE FREE OF VIRUSES, "WORMS," "TROJAN HORSES," OR OTHER HARMFUL COMPONENTS. IN THE EVENT THAT YOU EXPERIENCE ANY SUCH HARMFUL COMPONENTS WHILE YOU ARE USING THE Glide™ SERVICE, TRANSMEDIA WILL HAVE NO LIABILITY OR OBLIGATION TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO TERMINATE YOUR Glide™ ACCOUNT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TRANSMEDIA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE Glide™ SERVICE; (B) UNAUTHORIZED ACCESS TO YOUR Glide™ ACCOUNT OR ACCESS TO YOUR TRANSMISSIONS OR DATA; OR (C) ANY OTHERMATTER RELATING TO THE Glide™ SERVICE.

TRANSMEDIA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS, SERVICES OR WORKS OFFERED OR AVAILABLE THROUGH THE Glide™ SERVICE, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OT CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TRANSMEDIA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

9. TERM

Your Glide™ account will automatically be renewed at the end of each term (whether monthly or annually) unless you provide written notice to TransMedia that you do not wish to renew your Glide™ account at least fifteen days prior to the end of the then current term, subject to the right of TransMedia to terminate your Glide™ account as provided in the Terms of Service.

10. LINKS

TransMedia or third parties may provide links to other Web sites or resources. Because TransMedia has no control over such Web sites or resources, you acknowledge and agree that TransMedia is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, services or other materials or information from such external sites or resources. You further acknowledge and agree that TransMedia will not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials or information available on or through any external sites or resources.

11. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Please see the Privacy Statement on the Glide™ web site.

12. NOTICE

TransMedia may provide notice to you, including notice of changes to the Terms of Service, by either email, regular mail or postings on the GlideWeb site.

13. GENERAL INFORMATION

The Terms of Service constitute the entire agreement between you and TransMedia regarding your use of the Glide™ Service, and supersedes any prior agreements between you and TransMedia.

The Terms of Service and the relationship between you and TransMedia relating to your use of the Glide™ Service will be governed by the laws of the State of New York, without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, New York.

You agree that your Glide™ account is non-transferable and any rights to your member name and password or the contents within your Glide™ account terminate upon our death. Upon your death, your account may be terminated and all contents therein permanently deleted.

The failure of TransMedia to exercise any right or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, such invalid or unenforceable provision shall not affect the validity or enforceability of any other provision of the Terms of Service, which shall remain in full force and effect.

You agree to comply with U.S. and all other applicable export control laws and not to transfer, by electronic submission or otherwise, any content subject to restrictions under such laws without complying with all requirements of such laws.