Glider Terms of Use

Welcome to Glider! These Terms of Use ("Terms") govern your use of our application, website, products and services (the “App”). Please read these Terms carefully. By using our App or participating in our services (the “Services”) you agree to be bound by these Terms and by our Privacy Policy.

1. What is Glider?

Glider is a modern UPnP control point App with additional features including local indexing of discovered media, the ability to stream to some non-UPnP devices including iOS and and connected AirPlay devices, and continuous playback of media while the App is backgrounded.

2. Who Can Use Glider

You may access this App only if you can form a binding contract with Glider Audio LLC (“Glider”) and if you agree to these Terms. Any use of our App, products or Services by children under the age of 13 is prohibited.

3. Creating An Account

Creating a Glider account will allow you to login to the website and gain access to additional features such as the ability to view and participate in our forum. Registration will require you to provide personal information including your name, username, email and password.

Each person may create only one account. You must provide us with accurate and complete information at the time of registration. Failure to do so may constitute a breach of these Terms, which could result in the termination of your account. You can update, modify, or delete the information in your account at any time. It is your responsibility to maintain your account and keep it secure. If you feel that your account security or password has been compromised please contact us immediately.

4. Acceptable Usage of Our App

Glider reserves the right, but is not obligated, to monitor your use of our App, products and Services and may remove any user or user content that we believe violates these Terms or our Privacy Policy. Specifically, when using the App and Services you agree:

5. User Content

You acknowledge that: (i) you own and are solely responsible for the content that you submit, post, or transmit (ii) that the content is accurate and consistent with the purpose of the App (iii) that use of the content you supply does not violate these Terms, (iv) that the content will not cause injury to any person or entity, and (v) that you will indemnify Glider and its affiliates for all claims resulting from content you supply.

You further grant Glider a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, and display your user content for the purposes of providing our services.

6. Our License to You

Glider grants you a limited, non-exclusive, non-transferable, revocable license to use our App in accordance with these Terms and our Privacy Policy. We may permanently or temporarily terminate or suspend a user without notice for any reason, including if, in our sole determination, these Terms have been violated.

7. Privacy Policy

For information about our policies and practices regarding the collection and use of your personal information please read our Privacy Policy. Our Privacy Policy is part of these Terms, therefore, by using our App or services you also agree to our Privacy Policy.

8. Intellectual Property

The Glider name and logo are trademarks of Glider Audio LLC. You may use these trademarks to identify our App and Services so long as your use of our trademarks complies with these Terms and you agree not to use our trademarks in any manner that infringes upon the intellectual property rights of Glider.

The materials on this App, as well as the organization and layout of this App, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access our App solely for your personal and non-commercial use.

No right, title or interest in our App is transferred to you as a result of accessing, downloading or uploading content or materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this App, create derivative works from, use on any other website, transfer or sell any information obtained from this App without the prior written permission of Glider.

9. Third-Party Links, Websites and Services

Our App may contain links to third-party websites or services. We do not assume responsibility for any third-party websites, applications, or services not owned or controlled by Glider and their own respective terms of use may apply. Apple App Store Terms of Service may also apply. If you access any third-party website, service, or other content from our App or Services, you do so at your own risk and you agree that Glider will have no liability arising from your use of the third-party App, service, or content.

10. Disclaimers

Glider specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Our App is provided on an "as is" basis without warranty of any kind, whether express or implied. Glider takes no responsibility and assumes no liability for any user content that you or any other user or third transmits using our App.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

12. Indemnity

You agree to indemnify and hold harmless Glider and its officers, directors, employees and agents, from and against any claims, lawsuits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees including costs of defense of claims, suits or proceedings brought by third parties, in any way related to (i) your access to or use of our App, (ii) your user content, or (iii) your breach of any of these Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in New Jersey or a United States District Court located in New Jersey, for any actions not subject to arbitration.

14. Arbitration

For any dispute you may have with Glider, you agree to first contact us and attempt to resolve the dispute with us informally. If Glider is not able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Glider agree otherwise, the arbitration will be conducted in the state of New Jersey. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.

The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to our App.

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, class action, or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these Terms, you are waiving the right to a jury trial and the right to participate in a class action.

15. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of your use of our App or these Terms must be filed within one (1) year after such claim arose.

16. Separate Agreements

You may have other agreements with Glider in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with Glider.

17. Notification of Changes

Glider reserves the right to change these Terms from time to time at its sole discretion. If changes are made to these Terms, your continued use of the App indicates your consent to the Terms as posted.

18. Contact Information

If you have any questions regarding these Terms please contact us at support@glideraudio.com.