GlowVision - General Contracting Terms for Users

Object

This document sets forth the terms and conditions (hereinafter, the "Terms") governing the contracting of digital content and/or physical products (hereinafter, the "Contents" and the "Products") offered by content creators registered for such purpose on the platform located at the URL GlowVision.com (hereinafter, the "Platform").

By checking the corresponding box during the contracting procedure, as well as following all the steps of such procedure, constitutes the express acceptance of these Terms by the User, being equally valid as their personal, handwritten or digital signature. Thus, the User represents being a person with sufficient capacity to acquire the obligations arising from their actions within the Platform, having previously read and understood the contents herein.

Any matter not expressly provided for in these Terms shall be understood to be reserved to GlowVision, without prejudice to any applicable law that may be in force.

Likewise, GlowVision reserves the right to carry out modifications and/or updates to these Terms, which shall be previously notified to the User. Upon notification, and in any case, if the User continues using the Platform and contracting Contents and/or Products through the same after the entry into force of such modifications, it shall be expressly understood that the User accepts such modifications and/or updates.

If any modifications and/or updates are accepted by the User, the new Terms shall fully replace the Terms in force up to that moment and shall become effective as of their implementation date.

The contracting process is available in Spanish and English, as chosen by the User through the Platform settings.

Contracting Contents and Products

On the Platform, the User can access different audiovisual content (hereinafter, the "Contents") and physical or digital products (hereinafter, the "Products") published on the Platform by content creators who are registered herein (hereinafter, the "Content Creator").

The Contents published by each Content Creator may be available to the User in different modalities, either through payment of the subscription corresponding fee, or via an extra charge:

Regular Content: published by the Content Creators for open access by all Platform Users without a need to contract them. Any User (anonymous or registered) can view them, but only registered Users can interact with these Contents (such as leaving comments or contacting the Content Creator).
Paid Content: made available for purchase to Users, who may expressly contract them. They can be purchased through the following methods:
- Subscription: Users may purchase subscriptions to Content Creators of their choice, which gives access to all Content reserved for that modality. Subscriptions are monthly by default, though the Content Creator may set different periodicities. Subscriptions will automatically renew at expiration unless cancelled.
- Individually paid content: Users may purchase access to certain Content on a pay-per-view basis. Such Content will be added to the User's "media library" and is accessible without limitation until the User unsubscribes from the Platform.

Products offered by Content Creators through their profiles may consist of:

Physical Products: second-hand physical goods that each Content Creator may offer for sale. The price is set by the Content Creator and payment is carried out through the Platform's system.
Digital Products: specific digital content offered on an exclusive basis, apart from those published on the Platform for general Users. These may be created in a personalized manner and their conditions may be agreed directly between the Content Creator and the User through the private messaging channel.
Paid Messaging: if the Content Creator has enabled this option, interaction through the Platform's private messaging channel may be subject to a fee per message sent, the amount of which is set by each Content Creator at their own discretion.

Payment and Invoicing Terms

Prices

The price of each Content and Product marketed on the Platform is set by the Content Creator themselves and will be indicated in the profile header of each creator. The price shown does not include any applicable taxes, which will be expressly added during the contracting procedure.

Regarding the Contents, the final price of each purchase will include all applicable increments or discounts, expenses charged to the User, and additional costs corresponding to technology costs, accessory services, means of payment, etc., if any. All these amounts will be shown to the User in an itemized manner during the contracting procedure, which shall also express the total price.

Payment and Invoicing

Once payment has been confirmed, the Platform will send the User an email containing all the information relating to the contract: the purchased Content, its unit price, applicable taxes, as well as the total price of the contract and, in the case of Subscriptions, their duration and the frequency with which payments will occur.

In the case of Subscriptions, the price will be charged in accordance with the periodicity indicated in the chosen subscription plan until the User decides to cancel. To cancel a Subscription, the User must access the "My Subscriptions" section of their profile and click on the "Subscribe/Cancel" button.

If at the time of debiting the User's payment method is not available or lacks sufficient funds, successive daily debit attempts will be made for a maximum period of ten (10) calendar days. If the charge cannot be made within that period, the User will be automatically unsubscribed.

Products

Payment of the price for each Product will occur through the Platform by the means of payment selected by the User. GlowVision only intervenes as manager of the Platform where payment is channeled; the contracting itself is completely unrelated to GlowVision, who assumes no liability regarding said contracting.

Contracting Procedure

In accordance with US law, contracts entered into electronically shall produce all the effects provided for by law when the consent and other requirements necessary for their validity are met.

Following all the phases of the contracting procedure and the payment of the corresponding price necessarily implies the provision of the consent required for the contracting.

Precontractual Information

Access to the contracting process is completely free, without any additional associated cost, apart from those inherent to the User having an Internet connection.

All paid Content and Products available within the Platform are described in their corresponding sections. The contract between GlowVision and the User is understood to be perfected from the moment the User completes the contracting procedure by pressing the button << PAY NOW >>.

Contracting Procedure Steps

The User must log in to their account and select the Content they wish to purchase, considering the conditions and prices established by the Content Creator in their profile.

To proceed with the payment, the User must enter the data relating to the available form of payment. At no time will GlowVision nor the Content Creator have access to the User's bank details, which will be managed directly by the corresponding banking entities in the payment gateway.

Before confirming the purchase, the User must read and expressly accept these Terms by checking the appropriate box. Once the purchase is completed, a confirmation screen will be displayed and the User will automatically receive a confirmation email.

Delivery

Contents: the Contents acquired as part of a Subscription or under a pay-per-view or pay-per-access mode will be automatically enabled for viewing by the User in the corresponding Content Creator profile. In the case of Subscription, access appears in the Content Creator profile; for individual purchases (PPV/PPA), in the "My Purchases" section of the User's own profile.

Products: Products purchased from a Content Creator will be delivered by such Content Creator to the address (postal or email, depending on the nature of the Product) that the User has indicated for this purpose in the contracting procedure.

In the case of digital Products (e.g., photo or video packs), they will be delivered via email or private message on the Platform.

In the case of physical Products, their delivery may be limited to certain territories. The system will use the country associated with the User's profile to determine availability. If not available for the User's country, the User will be invited to contact the Content Creator directly.

Right of Withdrawal

The User acknowledges and accepts that, given the nature of the goods and services offered on the Platform, there will be no right of withdrawal in their favor in accordance with the provisions of US law.

Regarding the Contents: in Subscription or Pay-per-Content modality, access to the Contents will be automatically enabled, which implies that execution of the contract begins from the moment the payment is made and consequently there will be no right of withdrawal. For custom Contents made for the User, there shall be no right of withdrawal.

With respect to Products: digital Products generally carry no right of withdrawal; physical Products carry no right of withdrawal for reasons of health protection and hygiene.

Returns and Refunds

By default, the User shall not have the right to request any refund or reimbursement for purchases made on the Platform, except in the case of duplicate charges by the payment gateway. GlowVision will evaluate each case individually.

To request a refund in appropriate cases, the User must send an email to support@GlowVision.com providing all information relating to the undue charge, including evidence from their bank account. GlowVision will resolve these claims in less than 7 days from the last communication.

If GlowVision approves a refund, it will be made to the same card from which the purchase was made, within 10 working days from confirmation of the refund. No refunds will be made by other means, such as checks or cash.

User Responsibilities

The User shall be responsible for:

Any act that contravenes the content of these Terms and/or any other conditions in force on the Platform, the law, morality, customs or generally accepted social norms and public order.
Any damage or loss that may result from misuse, negligence or breach by the User in their use of the Platform and/or the Content or Products, including, but not limited to, these Terms, applicable law and/or any instructions, guidelines or recommendations made by GlowVision.
The accuracy and completeness of the information provided by the User in accepting and executing the Terms.
Compliance with these Terms, including the payment of the corresponding prices.

The User agrees to indemnify, defend and hold GlowVision harmless, including its officers, directors, shareholders, successors, affiliates, employees, agents and representatives, from and against any costs, claims, demands, liabilities, expenses, losses, damages, including attorneys' fees, arising or resulting from the use of the Platform and the Content and Products purchased through the Platform.

GlowVision's Limited Liability

The User acknowledges and accepts that GlowVision's only liability with respect to the contracts that Users make through the Platform will be in relation to the management of the same and the intermediation in the payment of the Contents and Products.

GlowVision is not liable for:

The Content published by the Content Creators on the Platform, including all the elements and components that integrate them.
The Products that the Content Creators may offer for sale through the sections enabled for this purpose.
The management, execution and delivery of contracts made by the User directly with a Content Creator.
The content of messages that may be exchanged by the User with Content Creators.

GlowVision cannot guarantee the reliability, lawfulness and usefulness of the contents published by third parties through the Platform and consequently shall not be liable for them.

Term and Termination

These Terms shall enter into force from the moment the User expressly accepts them by checking the corresponding box during the contracting procedure, and shall remain in force as long as the User continues to make use of any such Content or Products.

These Terms may be terminated early in the following circumstances:

Termination for convenience: The User may terminate the contract at any time prior to the expiration of a billing period.
Termination due to breach: GlowVision may terminate the contract in case of breach of these Terms by the User, including delay in payment.
Termination due to improper use: GlowVision may suspend or terminate the contract with a User in the event of actual knowledge of misuse or use contrary to these Terms.
Termination due to interruption or suspension of the Platform: In the event that GlowVision decides to interrupt or suspend the activity of the Platform.

Confidentiality

GlowVision may access confidential information shared by Users in order to provide the services of the Platform and/or manage the contractual relationship with them. In the event that this occurs, we undertake to: (i) use the confidential information solely and exclusively for the fulfillment of these Terms and the provision of contracted services; (ii) strictly keep the secrecy of confidential information; (iii) treat the confidential information with the utmost discretion; (iv) implement the security measures reasonably necessary to comply with this clause.

Miscellaneous

All the clauses or matters in these Terms must be interpreted independently. In the event that any clause is declared null by judicial or arbitral resolution, the rest of the clauses shall not be affected and will remain in full force and effect.

GlowVision may modify the terms and conditions set forth herein, in whole or in part, at any time. Changes will be posted on the Platform and, in the case of affecting current Subscriptions or Contracts, by email.

Governing Law and Competent Jurisdiction

These Terms, including the use that the User makes of the Platform and the Content and Products offered on it, are governed by the applicable US legislation in force at any given time.

In case of controversy, action or claim that may arise in relation to the interpretation and application of these Terms, the User and GlowVision submit to the exclusive jurisdiction of the Courts of the county of Bernalillo, New Mexico (US) with express and voluntary waiver of any other jurisdiction, unless otherwise provided by a mandatory legal provision.