Last Updated: July 25, 2018
Last Updated: July 25, 2018
Last Updated: July 25, 2018
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, posted fees, billing procedures, promotion rules and subscription services). ?To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.
(a) You must be at least 13 years of age to access or use our Services or 16 if you live in the European Economic Area and want to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you (i) agree to be bound by these Terms and any applicable additional terms and (ii) are fully responsible for the acts or omissions of such user in connection with our Services. The Services are for personal use only. organizations, companies, or businesses may not use the Services for any purpose. You may not use the Services if you?have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.
(b) The Services are intended for access and use from within the continental United States, Alaska, Hawaii, Puerto Rico or other U.S. territories (the “United States”). If you choose to access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, Virtual Items (defined below) and other content contained therein, are owned by or licensed to Glu and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Glu and our licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use and to install our mobile applications on a device that you own or control; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services; (b) copy, reproduce, distribute, publicly perform or publicly display the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; (d) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; or (e) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Glu may offer different types of digital content, credits, coins or other virtual items for which you may (a) purchase a limited license to use via the Services (“Purchased Game Currency”) or (b) earn or otherwise receive a limited license to use via the Services ((“Earned Currency” together with the Purchased Game Currency, collectively, “Virtual Items”).? You understand that while you may “earn” “buy” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
(a) Payment and Billing. Your purchase of Virtual Items through platforms such as the Apple App Store, Google Play, Amazon Games or Facebook is subject to those platforms’ payment terms and conditions and Glu is not a party to the transaction.? Glu does not control how you can pay or how any refunds may be issued on those platforms. ?Please review those platforms’ terms of service for additional information.? You represent and warrant that you are authorized to use the payment method you use to purchase Virtual Items.? You authorize the applicable platform to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem encountered in order to proceed with your order.? When you acquire a limited license to use Virtual Items from our Services, we and/or the platform may send you an acknowledgment email that will have details of the items you have ordered. Please check that the details in the acknowledgement message are correct as soon as possible and keep a copy of it for your records.
(b) Third-Party Sales. Glu does not authorize, and expressly prohibits, the purchase of Virtual Items from third parties.? You will not to offer to sell or purchase Virtual Items to or from other users or third parties, and not to sell or purchase Virtual Items to or from third parties.? In addition to violating these Terms, these resale purchase transactions may be fraudulent or may lead to identity theft.? Glu is not responsible for any such transactions or any damages or harm that you might incur if you engage in transactions involving Virtual Items with other users or third parties.
(c) Pricing and Taxes. All prices for Virtual Items are shown in U.S. dollars and do not include applicable taxes and other charges, unless we state otherwise.? Prices for Virtual Items are subject to change at any time, but changes will not affect any order you have already placed. ?You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your order. We may collect applicable taxes if we determine we have a duty to collect taxes.
(d) Subscriptions. We may offer different subscription plans for purchasing Virtual Items (each, a “Subscription”). WHEN YOU PURCHASE A SUBSCRIPTION, (I) YOU AUTHORIZE THE PLATFORM YOU USE TO ACQUIRE THE VIRTUAL ITEMS, SUCH AS APPLE APP STORE, GOOGLE PLAY, AMAZON GAMES OR FACEBOOK, TO CHARGE YOUR DESIGNATED PAYMENT METHOD FOR THE PERIOD (E.G., MONTHLY OR ANNUALLY) SPECIFIED IN YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (II) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.? The Subscription period (or an indication that the Subscription will continue until cancelled), how to cancel your subscription, the cost of the Subscription you purchase and any other material terms are disclosed prior to purchase and may be confirmed via email by Glu and/or the platform.
(e) Cancelling Subscriptions. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH THE TOOLS MADE AVAILABLE BY THE APPLICABLE PLATFORM (SUCH AS APPLE APP STORE, GOOGLE PLAY, AMAZON GAMES OR FACEBOOK).? SUBSCRIPTIONS MUST BE CANCELLED BEFORE THE BILLING OR RENEWAL DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.? IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE APPLICABLE BILLING OR RENEWAL DATE, IT WILL NOT TAKE EFFECT UNTIL THE FOLLOWING SUBSCRIPTION PERIOD.? YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY SUBSCRIPTION ORDER PROCESSED PRIOR TO THE EFFECTIVE DATE OF YOUR CANCELLATION.
(f) Redemption. Virtual Items may be redeemed solely by Glu for goods or services made available through our Services.? You may redeem Virtual Items only by the method and within the scope described via the Services.
(g) Restrictions. All sales of Virtual Items are final, and Virtual Items are non-returnable and non-refundable.? Virtual Items cannot be resold, transferred for value, redeemed for cash or applied to any other account. ?We may limit the number of Virtual Items you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of Virtual Items.? We may further restrict your ability to redeem your Virtual Items based on your place of residence. YOU ACKNOWLEDGE THAT GLU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, WHETHER YOU MADE A PAYMENT THROUGH A PLATFORM, SUCH AS APPLE APP STORE, GOOGLE PLAY, AMAZON GAMES OR FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
(h) Errors. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
(i) Inactivity. While the Virtual Items you purchase do not expire, if you do not log into your account for a period of at least 2 years, if you deactivate your account, or if we have been unable to reach you to verify that you intend to continue using your account, then you authorize us, without further notice to you, to distribute Virtual Items in your account to other users as gifts or to redeem all Virtual Items remaining in your account for any content or items we select and to distribute or provide access to that content or items to other users as gifts.
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, artwork, audio, music, animations and other materials (collectively, “User Content“). Except for the license you grant below, as between you and Glu, you retain all rights in and to your User Content.? You grant Glu a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
You are solely responsible for your conduct while accessing or using our Services, and you will not:
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray Glu or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.? This limited permission may be revoked at any time.? You will not use the Glu logo or other proprietary graphic of Glu to link to our Services without our express written permission.
In addition to User Content, Glu may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”).? Glu does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Glu does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content.? You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services.? Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser.? Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third party sites is solely at your own risk.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Glu or our products or Services (collectively, “Feedback”).? We reserve the right to incorporate Feedback in our products and Services and otherwise use and fully exploit Feedback for any purpose, without acknowledgment or compensation to you.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Glu’s Designated Agent as follows:
|Designated Agent:||Legal Counsel|
|Address:||Glu Mobile Inc.
875 Howard Street
San Francisco, CA? 94103
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Glu for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Glu, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Glu Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to: (a) your access to or use of our Services; (b) your User Content or Feedback; (c)?your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You will promptly notify the indemnified Glu Parties of any Claim, cooperate with the indemnified Glu Parties in defending the Claim and pay all fees, costs and expenses associated with defending the Claim (including, but not limited to, attorneys’ fees).? The indemnified Glu Parties will have right to retain sole control of the defense or settlement of any Claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Glu or the other Glu Parties.
(a) We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked to by our Services.
?(b)?Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Glu does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Glu attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
(a) Glu Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if Glu or the other Glu Parties have been advised of the possibility of such damages
(b)?The total liability of Glu Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you to Glu via the Services in the 6 months prior to the claim.
(C) The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Glu Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Glu Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Glu and limits the manner in which you can seek relief from us.? This Section 16 only applies to you if you are a resident of the United States or if you commence any action against Glu in the United States.
Except for small claims disputes in which you or Glu seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Glu seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Glu waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Glu agree that any dispute arising out of or related to these Terms or our Services is personal to you and Glu and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Glu agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law.?? As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Glu agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs.? You and Glu agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and GLU will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by emailing legal]at[www.ywnxf.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.?
All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You will abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction.? You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms.
We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Glu relating to your access to and use of our Services. The failure of Glu to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. All of your transactions and communications with us may, at our option, be conducted electronically.
We may make changes to these Terms from time to time.? If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If you have any questions or concerns regarding the Services or these Terms, please contact Glu at 500 Howard Street, Suite 300, San Francisco, CA 94105 or ?support]@[www.ywnxf.com.
The following terms apply if you are accessing or using our mobile application (“App”) on an Apple Inc. (“Apple”) branded mobile device.