Last Updated: October 30, 2023
Welcome, and thank you for your interest in Glowforge, Inc. (“Glowforge,” “we,” or “us”) and our website at glowforge.com and subdomains including shop.glowforge.com, app.glowforge.com, and community.glowforge.com, along with our related websites, networks, software applications, and hardware products and accessories. These Terms of Purchase and Service are a legally binding contract between you and Glowforge regarding your purchase of any Product from Glowforge (whether purchased directly from us or indirectly from another source) and your use of the Service (each defined below). Please read the following terms carefully.
By clicking on the “buy”, “buy now”, “purchase”, “pay now”, “checkout”, or other similar button to make a purchase, or by otherwise purchasing a Product, or by clicking “I accept,” or by downloading or installing software or otherwise accessing or using the service, you will be presented with and agree that you have read and understood, and, as a condition to your purchases and use of the service, you agree to be bound, by the following terms and conditions (“Terms”).
If you are not eligible, or do not agree to the Terms, then you should not purchase any product and you do not have our permission to use the service. Your purchase of a product and use of the service, and Glowforge’s provision of any product or the service to you, constitutes an agreement by Glowforge and by you to be bound by these Terms.
If you are making a purchase from outside the United Kingdom, these terms do not apply and you should visit https://glowforge.com/terms to find the terms which are applicable to you.
The following definitions apply throughout these Terms:
2.1 Overview. Glowforge makes available Products and Services that enable users to create Prints. To use a Product, you must register for an account and connect to our Service, which allows you to access Content and create Prints. You must be connected to the Service in order to use the wireless hardware Product, access Content, and create Prints.
Service. You must be at least 16 years old to use the Service. If you are between 16 and 18 years old, you must have the consent of your parent or guardian on your behalf and only use the Service under their direct supervision. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years old; (b) if you are between 16 and 18 years old, you have the consent of your parent or guardian on your behalf and will only use the Service under their direct supervision; (c) you have not previously been suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with all applicable laws and regulations.
Purchases. You must be at least 18 years old to make purchases from Glowforge without approval from your parent or guardian. If you are between 16 and 18 years old, you may make a purchase with the approval of your parent or guardian. By making a purchase from Glowforge, you represent and warrant to us that you are at least 18 years old, or if you are between 16 and 18 years old, that you have the necessary parental approval to proceed with such purchase.
Entity Users. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
2.3 Accounts and Registration. To use a Product, and to access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password.
2.4 User Accounts. Each user must have their own account, must have no more than one account, and you also agree that you will not allow others to use your account. If any person, other than yourself, uses your account, you will be in violation of these Terms and we may take such measures as we deem necessary in our discretion, including termination of your account with us and ceasing to provide you with access to the Service. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
2.5 Use of Products and Services. You represent that each Product you purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws. You are responsible for complying with all applicable laws when using the Product. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. For example, Glowforge makes units available with air filters, but you are still responsible for determining whether the air filter meets any standards required by the laws in your jurisdiction. You may request information about the Product from Glowforge to assist you in making your determination, but Glowforge may not have such information available and will not be liable for errors in that information or for your determination. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not purchase the Product. You must also use each Product in strict accordance with the applicable user documentation. The wireless hardware Product will not work without an Internet connection and an account on the Service. Use of the Service is subject to these Terms. If you violate the Terms, you may not be able to use the wireless hardware Product or certain features of the wireless hardware Product. Glowforge will not be liable for your inability to use any Product.
License to use the Service. Subject to your complete and ongoing compliance with these Terms, Glowforge grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Service; and (b) install and use one object code copy of mobile applications made available by Glowforge and obtained from a legitimate marketplace on each mobile device that you own or control.
License Restrictions on use of the Service. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform any portion of the Service (including any mobile application); (b) make modifications to any portion of the Service; (c) access the Service (or any portion of the Service) by any automated means that is unauthorized by Glowforge (e.g., calling undocumented APIs, access of the Service via a ‘bot’); (d) access the Service (or any portion of the Service) in order to build a competitive or similar service; or (e) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
License to Glowforge Content and Community Content. Subject to your complete and ongoing compliance with these Terms, and the restrictions or requirements of the Service, Glowforge grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) modify Glowforge Content and Community Content as permitted by the functionality of the Service; and (b) create Prints using or incorporating Glowforge Content and Community Content.
License Restrictions on Glowforge Content and Community Content. You may not sell or re-sell Glowforge Content or Community Content, whether or not such Glowforge Content or Community Content has been modified. Some Glowforge Content and Community Content may be subject to restrictions, e.g., payment, when it may be printed, and whether a Print using or incorporating Glowforge Content or Community Content may be used for commercial purposes. For clarity, you may use, distribute, sell, and re-sell Prints using or incorporating (a) your Content at your discretion, and (b) Glowforge Content or Community Content at your discretion unless otherwise restricted by the terms of the Glowforge Content or Community Content. Without limiting any other rights or remedies under these Terms, Glowforge may suspend or terminate access to any Glowforge Content or Community Content if Glowforge no longer has the rights to or believes such Glowforge Content or Community Content could reasonably become the subject of an infringement claim.
License Revocation. At the end of these Terms or if you violate any provisions of these Terms, your license to use the Service shall automatically terminate.
Feedback. If you choose to provide Feedback, then you hereby grant Glowforge an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Products and the Service, and to create other products and services.
3.2 Your Content.
Your Content Generally. Certain features of the Service may permit you to upload, create, or post Content on the Service. You retain any copyright and other proprietary rights that you may hold in the Content that you post to or create in the Service, except as modified by your own action or actions to grant a license in accordance with Section 3.2.2 or 3.2.3. When you upload, create or post Content on the Service, you waive the enforcement of all moral rights you may potentially have in such Content under applicable law.
License Grant to Your Private Content. If you upload or create Content in a private area of the Service, you grant Glowforge a worldwide, non-exclusive, assignable, sublicensable, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, and modify such Content for the full period of time that you maintain your account on the Service, solely to enable your use of that Content or to resolve any issues that may arise with the Service. Glowforge will treat any Content you upload or create in a private area of the Service as confidential. If you delete your Content from a private area of the Service, Glowforge may, but is not obligated to, retain copies of your deleted Content.
License Grant to Your Public Content. If you upload, create, post, publish or share Content to a public area of the Service (e.g. the Glowforge community forum), you grant Glowforge a worldwide, non-exclusive, assignable, sublicensable royalty-free, fully paid perpetual right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute such Content, in whole or in part, in any media formats and through any media channels now known or later developed. For other users of the Service, any Content you post or create in a public area of the Service is considered Community Content. You retain your right to license your Content to other people at your sole discretion, unless you enter into an agreement with Glowforge that states otherwise. If you delete your Content from a public area of the Service, you may maintain that Content in a private area of the Service. Glowforge may, but is not obligated to, retain copies of your Content that you have deleted from a public area of the Service. Deletion of Content from a public area of the Service does not affect rights of users in the copies of that Content downloaded before you deleted it, or Prints already created incorporating your Content. Additionally, Glowforge may allow you to monetize your Content. Such an arrangement will be conditional on your acceptance of other terms in a separate agreement with Glowforge.
Your Content Representations and Warranties. You are solely responsible for your Content and the consequences of submitting, posting, publishing, creating, or sharing Content. By submitting, posting, publishing, creating, or sharing Content, you affirm, represent, and warrant that:
No Responsibility of Glowforge. Glowforge is under no obligation to make available, edit, or control Content that you post, publish, or create, and will not be in any way responsible or liable for your Content. Glowforge may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment may not be compatible with our Products, violate these Terms, or is otherwise objectionable.
3.3 Community Content Disclaimer. You understand that when using the Service you will be exposed to Community Content from a variety of sources and acknowledge that such Community Content may be defective (e.g., contains an error that causes your materials, Print, or Product to be damaged), inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Glowforge with respect to Community Content. If notified by a user or content owner that Community Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Community Content, which we reserve the right to do at any time and without notice. For clarity, Glowforge does not permit copyright-infringing activities on the Service.
3.5 Notice and Take-Down Notifications
Notification. If you believe Content or material posted on the Service infringes a right you may have, you may contact us at the following address:
ATTN: Legal Department (Copyright Notification)
1938 Occidental Avenue South
Seattle, WA, 98134, USA
Any notice alleging that Content or materials hosted by or distributed through the Service infringe your rights must include the following information:
Repeat Infringers. Glowforge will promptly terminate without notice the accounts of users that are determined by Glowforge to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had Content removed from the Service at least twice.
3.6 Prohibited Conduct. By using the Service you agree not to:
3.7 Third Party Terms.
Third-Party Services and Linked Websites. Glowforge may provide tools through the Service that enable you to export information, including Content, to third party services, including through features that allow you to link your account on Glowforge with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). Please note that by using one of these tools, we may transfer your information to the applicable third-party service. Please do not use such tools if you do not agree for your information to be transferred. Third party services are not under Glowforge’s control, and Glowforge is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.
Third Party Software. The Service may include or incorporate third party software components, which may be subject to additional third-party terms, or may be licensed directly from third parties. Glowforge is not responsible for any third party software components.
Third Party Content. The Service may include Content licensed by Glowforge from third parties, which may be subject to additional third-party terms. Glowforge is not responsible for any third party Content.
Artwork. All items designated as “artwork” on the Service are licensed from The Noun Project and are subject to The Noun Project terms and conditions at https://thenounproject.com/legal/#!terms-of-use.
3.8 Term, Termination of Use; Discontinuation and Modification of the Service. In connection with the Service these Terms will cease to apply when terminated as described in this Section. You may terminate your account at any time by contacting customer service at email@example.com. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Glowforge may in its sole discretion suspend or terminate your access to the Service, or portions of the Service, during an investigation of a violation of these Terms. Glowforge’s determination that a violation has occurred will be in its sole and absolute discretion. Upon Glowforge’s determination that a violation has occurred, Glowforge may immediately terminate your access to the Service or portions of the Service. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must pay Glowforge any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive. Glowforge also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently.
3.9 Additional Service Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Service Terms”), such as end-user license agreements for any downloadable software applications, user manuals, or rules, instructions, or directives that apply to a particular feature or Content on the Service, subject to Section 6.2. All Additional Service Terms are incorporated by this reference into, and made a part of, these Terms.
3.10 Digital Millennium Copyright Act (DMCA). We comply with the United States’ Digital Millennium Copyright Act (DMCA), as may be applicable to Internet service providers (17 U.S.C. § 512, as amended).
4.1 Product Availability. Purchases of the Product may be subject to estimated availability as described on the Glowforge website at the time that you place your order and updated from time to time via communications on community.glowforge.com or through email. Offers made on the Glowforge website are subject to geographical location restrictions based on purchase location.
4.2 Pricing. Glowforge reserves the right to determine pricing for the Product, Service, and Content, as well as charges for shipping the Product. Glowforge will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. The pricing displayed during checkout will be binding for you and us. Glowforge, at its sole discretion, may make promotional offers with different features and different pricing to any of Glowforge’s customers. Except in the case of sales tax for certain locations which are identified when payment is taken, all import duties, taxes, tariffs, and other charges are not included in the Product price or shipping costs. These charges are your responsibility. Please check with your country’s customs office to determine if there will be additional costs prior to completing your order. All orders for the Product must be paid in full, including shipping, prior to delivery by Glowforge of the Product to you. Glowforge reserves the right to suspend delivery and performance until full payment is received.
4.3 Shipping Charges. Shipping charges information for each country is provided on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase the Product, Glowforge may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
4.4 General Payment Terms. In order to complete your online purchase of a Product directly from us, you must pay the amount for the Product elected by you as set forth on the relevant payment page by credit card through PayPal, Stripe, Affirm, or another payment method designated on our website. Glowforge may elect to offer premium Service features in your jurisdiction that require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All prices and fees are in applicable local currency and are non-refundable except as expressly described in these Terms.
4.5 Authorization. You authorize Glowforge to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Glowforge, to the payment method specified in your account. If you pay any fees with a credit card, Glowforge may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.6 Online Payment Transactions. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
4.7 Product Orders. You acknowledge that by clicking on the “Buy”, “Buy Now”, “Purchase”, “Pay Now” or other similar button or by undertaking other action evidencing an intent to purchase, you enter into an obligation to pay for the Product, and a contract between you and us will be formed for the purchase of a Product or Service as applicable.
4.8 Export Control. You acknowledge that the Product may be subject to applicable export control laws and other laws and regulations, and that if Glowforge ships the Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product without obtaining proper authorization from applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to any destination for a use that is prohibited by applicable law.
4.9 Title, Risk of Loss. Title to the Product will pass to you when you take delivery of the Product, after which all risk of loss or damage to any Product will be yours.
4.10 Product Delivery. For orders placed directly with us, Glowforge will attempt in good faith to deliver the Product in accordance with your order or any other schedule Glowforge may provide to you when placing the order, but Glowforge will not be responsible or liable for any delays or failure in such delivery outside its control. Glowforge expressly reserves the right to effect delivery of the Product ordered in any number of separate shipments, and the modes of transport and carriers will be decided at Glowforge’s discretion. During any period of shortage, Glowforge may allocate its supply of the Product in any manner Glowforge deems appropriate. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to PO Box or similar addresses. Glowforge will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Glowforge’s reasonable control. In such cases, Glowforge will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
4.11 Order Cancellation. This Section 4.11 applies to Orders placed directly with us; otherwise, applicable rights arising under consumer laws apply. You may cancel your Order Contract at any time before the Product is delivered and up to 28 days after delivery, beginning on the day after the Product (in its entirety) is delivered to you. If you cancel, you will receive all payments returned to you in accordance with our policy below. To cancel an Order Contract, you must complete and submit our cancellation form at https://@glowforge.com/cancel-pre-order. We will then arrange for the shipment of the return. If you cancel your Order Contract in accordance with this Section 4.11, you must allow the courier arranged by Glowforge to pick up the Product to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them, and do so in the box it was delivered to you in. If you have lost the box or discarded it upon arrival, you can purchase a box from us.
4.12 Cost of Returns and Postal Insurance. You are responsible for the cost of returns and postal insurance. We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/shipping and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product to us.
4.13 Refunds. For purchases made online from us, if you cancel your Order within 28 days after delivery as set forth in Section 4.11, we will process any cancellation and resulting payment due to you promptly after we receive the Product back. For purchases made by means other than online from us, applicable rights arising under consumer laws apply. Refunds may take up to 10 business days to process. All refunds are in GBP. We will remit the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product). However, this payment will not include your cost of returning the Product to us. If you received any promotional or other discount when you paid, any payment will only reflect the amount you actually paid in GBP. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise. Any promotions or reward programs that are reliant on a purchase of a Product are null and void upon its return.
4.14 Product Information; Changes. While we have taken reasonable steps to depict the Product as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. In addition, Glowforge expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product or the Service.
4.15 Subscription Service. The Service may include additional, premium features that include automatically recurring payments for periodic charges (“Subscription Service”). Glowforge may offer a variety of Subscription Services, including special promotional plans, which may have differing conditions and limitations, which will be disclosed to you at sign-up or in other communications made available to you. If you decide to activate a Subscription Service, you authorize Glowforge to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period, and the monthly fees as well as the Subscription Billing Date will be clearly displayed to you when you activate a Subscription Service. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Glowforge may increase the subscription fee for any subsequent subscription period if Glowforge gives you sufficient advance notice of the increase to the email address which you provide to Glowforge, and you will be given the ability to terminate. Glowforge may decrease the subscription fee for any subsequent subscription period without notice. You may cancel a Subscription Service by contacting us at: firstname.lastname@example.org, and in some cases you may be entitled to a refund. Your refund will be determined on a pro-rata basis for the unexpended Subscription Service period.
4.16 Trial Periods. From time to time, Glowforge may offer trials of Subscription Services for a specified period without payment or at a reduced rate (a “Trial”).For some Trials, Glowforge may require you to provide your payment details to start the Trial. By providing such details you agree that Glowforge may automatically begin charging you for the Subscription Service on the first day following the end of the Trial and thereafter in accordance with Section 4.15. If you do not want this charge, you must cancel the applicable subscription service before the end of the trial within your account or by contacting Glowforge at email@example.com.
4.17 Delinquent Accounts. Glowforge may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
4.18 Support. You may request support for the Service, including any problems with the Product, by contacting us at firstname.lastname@example.org. Glowforge is under no obligation to provide specific levels of support, or to meet specific response or resolution times.
5.1 Faulty Products. If a Product is defective the original purchaser may, in addition to any other rights which the original purchaser may have under consumer law in the UK, avail themselves of the rights contained in the Consumer Rights Act 2015. Consumers have the right to choose whether to claim service under the Glowforge Limited Warranty as further described below in Section 5.2 or under their consumer law rights.
5.2 Limited Warranty. Please see the Limited Warranty information at https://glowforge.com/warranty/gb. In order to exercise your rights under the Limited Warranty, you must obtain prior authorization for your warranty claim before shipping any product to Glowforge, provide (upon request) a copy of the email confirmation received upon purchase of the product, provide (upon request) proof of receipt, and satisfy all other terms and restrictions set forth in the Limited Warranty. Products (other than Proofgrade® materials and spare parts) must be shipped in all of the original packaging. You are responsible for the cost of shipping and insuring an authorized warranty return to Glowforge and for prepayment of return shipping.
5.3 Limitation of liability. We do not limit or exclude our liability to you for: (a) death or personal injury caused by our negligence; (b) fraudulent misrepresentation; (c) breach of any term implied by any consumer legislation applicable in the country in which you reside and which, by law, may not be limited or excluded; or (d) any other liability that, by law, may not be limited or excluded. Subject to the foregoing sentence, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Order shall not exceed the purchase price of the relevant Product and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us, for example if you do not follow the safety and use instructions set out in our user manual at https://glowforge.com/manual when using any of our Products, or if you use the Products with materials that were not approved as Proofgrade materials by us.
6.1 Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you are required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms.
6.2 Ownership; Proprietary Rights. The Service is owned and operated by Glowforge. The Product, Glowforge Content, and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service are protected by intellectual property and other laws, and are the property of Glowforge or our third-party licensors. You may not make use of the Service except as expressly authorized by Glowforge. Glowforge reserves all rights in and to the Product, Service, and Glowforge Content not granted expressly in these Terms, or other Additional Service Terms. Glowforge may be independently creating content that may be similar to or competitive with your Content or Community Content. Nothing in this Agreement will be construed as restricting or preventing Glowforge from creating new content and exploiting any of Glowforge’s intellectual property rights, without any obligation to you.
6.3 Governing Law. These Terms are governed by the laws of England and Wales.
6.5 Rights of Third Parties. To the fullest extent permitted under applicable law, any person who is not a party to these Terms has no rights under these Terms nor has any benefit conferred upon them by virtue of these Terms (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise)).
6.6 Force Majeure. Glowforge will not be liable to you for any delay in delivery of the Product or your inability to access the Service, including any delay or lack of access due to an event beyond Glowforge’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, labor shortage due to illness or illness mitigation, act of government, or any other natural or man-made condition outside of Glowforge’s control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Order Contract that is caused by events outside our reasonable control.
6.7 Dispute Resolution. You agree that any dispute between you and us regarding these Terms or any Order will only be dealt with by the English courts.
6.8 Notice. We may give notice to you at either the email or postal address you provide to us when placing an Order. All notices given by you to us must be given in writing to the address set out below.
6.9 Contact Information. The Service and the Product are offered by Glowforge, Inc. located at 1938 Occidental Avenue South, Suite C; Seattle, WA 98134, USA. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
6.10 Notice Regarding Apple. This Section 6.10 only applies to the extent you are using a mobile application provided by Glowforge on an iOS device. You acknowledge that these Terms are between you and Glowforge only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.