Effective Date: April 18, 2018

Thank you for choosing Globant! Our products include the applications StarMeUp, BetterMe, BeThere, BriefMe and TakePart, as well as any other application developed and/or published by Globant from time to time (the “Products”).

You must know that by signing up or otherwise using any of our Products, our websites and/or software applications (the “Service”) or accessing any content or material that is made available through the Service (the “Content”), you are agreeing to comply with these terms (the “Terms”) which constitute the binding agreement between Globant, as proprietary of the Products and provider of the Services (“Globant”, “we”, “us” or “our”) and you, as user (the “User”, “you” our “your”). 

You acknowledge that you have read and understood these Terms, accept these Terms, and agree to be bound by them. If you don’t agree with (or cannot comply with) these Terms, then you may not use the Services.

If you violate these terms, we may terminate your use of the Services, ban you from future use of the Products, and/or take appropriate legal actions.

We may update these Terms from time to time. When we update these Terms, we will revise the “Effective Date” date above and post the new Terms and Conditions.

Please read these Terms carefully. If you have any question regarding these Terms, please contact us at contact@starmeup.com.

INDEX

  1. Using our Services
  2. Content creation and use.
  3. Privacy.
  4. Disclaimers and Limitations of Liability.
  5. General.

1. Using our Services.

A. Consenting these Terms and any modification thereof.

In order to use the Service, you need to be 18 or older and consent to these Terms, or be 13 or older and have your parent or guardian’s consent to these Terms. 

Occasionally we may, in our discretion, make changes to these Terms. The changes to these Terms will not be retroactive, and the most current version of the Terms, which will always be at  https://os.starmeup.com/en/terms-and-conditions/, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Services by contacting us to  contact@starmeup.com.

B. Intellectual Property.

Using our Services does not give you ownership of any intellectual property rights in our Services, the Products or the Content you may access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

The contents of all material available on the Services are copyrighted by Globant unless otherwise indicated. All rights are reserved and content may not be reproduced, downloaded, disseminated, or transferred, in any form or by any means, except with the prior written agreement of Globant or as indicated below.

C. Restrictions on Use.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Products.

You may download pages or other Content for your own personal use, but no part of such Content may be otherwise or subsequently reproduced, downloaded, disseminated, or transferred, in any form or by any means, except with the prior written agreement of, and with express attribution to, Globant.

You agree not to (i) deep-link to the site for any purpose, unless specifically authorized by us to do so; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services.

You may not modify the Services or create any derivative work of the Services and/or the Products or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Products. You may not reproduce the database portion or create any tables or reports relating to the database portion.

D. Restrictions on Transfer.

You may not assign your rights and obligations hereunder, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to use the Services.

E. Member Account, Password and Security.

You will need an account to use and access our Services. You may create your own account, or your account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You are fully responsible for all activities that occur under your password or account.

2. Content creation and use.

A. Responsibility for use.

You are responsible for what you post, this means that you, and not Globant, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services. 

You understand that whether or not any Content is published, Globant does not guarantee any confidentiality with respect to the Content.

You also understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.

Globant, may not monitor or Control the content posted through the Services and, we cannot take responsibility for such Content or such Content’s accuracy. Any use or reliance on any Content posted through, or obtained by you through the Services is at your own risk.

Globant makes available the Services and the information and services contained herein “as is” without any warranty, express, implied or otherwise, regarding such information’s accuracy, performance, completeness, efficacy, or timeliness of such information.

B. Content creation.

As user of the Services, you may submit Content. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Globant to use or possess in connection with the provision of the Services. 

You agree that you will be solely responsible (to Globant, and to others) for all activity that occurs under your account and for all the Contents you publish through the Services.

You agree to not use the Services to generate Contents that:

  1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question;
  4. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  6. transmits or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
  7. “stalk” or otherwise harass another.

You agree not to submit any information or data that requires safeguarding or dissemination controls pursuant to applicable laws and/or regulation (“Prohibited Information”). Examples of Prohibited Information include, but are not limited to, information categories identified as part of the Controlled Unclassified Information (“CUI”) Registry maintained by the U.S. National Archives and Records Administration; patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”) or any similar federal or state laws, rules or regulations governing Health Information; “education records” as defined in the Family Education Rights and Privacy Act (“FERPA”) and any other data subject to legal or regulatory safeguarding obligations and/or limitations on distribution. Globant will have no liability for Prohibited Information, notwithstanding anything to the contrary herein. 

We reserve the right to remove Content that violates these Terms, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

3. Privacy.

Our Privacy Policy (https://os.starmeup.com/en/privacy-policy/) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage and processing as described in the Privacy Policy.

4. Disclaimers and Limitations of Liability.

A. Disclaimer of Warranties and Limitation of Liability.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Globant makes no warranty that operation of the Services will be secure, error free, or free from interruption. You must determine whether the services sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the services to meet your requirements. Globant will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.

B. Limitation of Liability.

By using the Services you agree that Globant, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence. 

WHEN PERMITTED BY LAW, GLOBANT, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GLOBANT, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO USD 100 (ONE HUNDRED US DOLLARS) OR THE AMOUNT YOU PAID US TO USE THE SERVICES.

IN ALL CASES, GLOBANT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

5. General.

A. Reserved Rights.

Globant reserves the right to access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of Globant, its users and the public. 

You further acknowledge, consent and agree that all users may take down contents of which they themselves are recipient or sender without the need to provide any justification thereof.

B. Severability.

If any provision of these Terms shall be held to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

C. Ending these Terms.

You may end your legal agreement with Globant at any time by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if our provision of the Services to you is no longer commercially viable or if we reasonably believe that you have violated these Terms.