User Research URPA
GLU MOBILE INC. and its affiliates (“Glu”, “Company” or “we”) are conducting user research and/or offering the opportunity for user engagement for certain mobile game products (the “Program”). To participate in the Program, you (“You”) agree to this User Research Participation Agreement and all terms incorporated by reference (the “Agreement”).
To participate in the Program, You are obligated to provide the information requested by the survey or the Program and we might obtain Your email address, IP address, browser type, device type, game related information and other information provided or shared by You, including Your voice, Your image and Your phone screen. Glu’s personnel or a third party vendor who has been engaged by Glu to help conduct or administer the Program (a “Vendor”) may ask additional questions during Your participation in the Program.
You confirm that You have read and agree to the terms of the Program FAQ located at the following URL: http:/www.glu.com/playtest/faq, which are incorporated herein by reference.
2. COMMUNICATION WITH COMPANY.
During Your participation in the Program, Company or a Vendor may contact You by email, video conferencing tools, such as Skype or Zoom, telephone or text. After the Program concludes, Company or a Vendor may contact You about participating in future user research programs. You may request that Company stop emailing You at any time by reply email to Company. If contacted by telephone or video conferencing tool, You may verbally request that Company cease contacting You in this manner. If You have provided Your email address or any other information to Glu not in connection with the Program and You wish to stop receiving marketing emails, submit Your request by email to firstname.lastname@example.org. By providing Your US phone number, You consent to Company sending You texts in connection with the Program and other informational or marketing texts regarding the Company and its products. You may request Company to stop these communications at any time.
3. CONFIDENTIALITY OBLIGATIONS.
During Your participation in the Program, You may receive information in tangible or intangible form relating to and/or including: any released or unreleased Company Product(s) (including, without limitation, any product names, titles, designs, ideas, concepts, scripts, and schedules), the marketing or promotion of any Company Product or Company’s business policies or practices, and information received from others that Company is obligated to treat as confidential (collectively, the “Confidential Information”). Further examples of Confidential Information include, but are not limited to, information relating to the development or distribution of released or unreleased versions of a Company Product, technologies and/or services, and any other non-public information disclosed by Company. You agree (a) to hold all Confidential Information in trust and confidence, (b) to treat the Confidential Information with the same degree of care as You treat Your own confidential and proprietary information, but no less than a reasonable degree of care, to prevent the use, sharing, dissemination or publication of the Confidential Information by anyone else, (c) to refrain from reverse engineering, decompiling or disassembling any software code and/or hardware devices disclosed by or otherwise provided by Company to You, (d) to use the Confidential Information solely as necessary to participate in the Program, and (e) to notify Company immediately on discovery of any unauthorized use or disclosure of Confidential Information to or by anyone else or any other breach of this Agreement by You. In the event of unauthorized use or disclosure of Confidential Information, You will cooperate with Company in every reasonable way to help Company regain possession of the Confidential Information and prevent its further use or disclosure. The Confidential Information may be considered material, non-public information under federal and/or state securities laws, and You could be found to be in violation thereof if You take advantage of the Confidential Information by (i) trading in Company securities, or (ii) furnishing information to others in connection with the trading of such securities.
During the Program, (a) You may from time to time provide to Company or a Vendor or (b) Company or Vendor may observe, suggestions, comments, ideas or other information regarding Confidential Information or Company Product(s) (“Feedback”). All Feedback is Company property, and You hereby assign all rights, title and interest in and to Feedback to Company. You shall not assert any rights of any kind in or to the Feedback. Company is free to use, disclose, reproduce, distribute, license or otherwise exploit in perpetuity any Feedback You provide as it sees fit, entirely without restriction or payment of any kind to You.
5. YOUR INFORMATION.
6. VOLUNTARY PARTICIPATION.
You understand that Your participation in the Program is strictly and entirely voluntary. Depending on the duration and extent of Your participation, Company may, but is not obligated to, provide non-cash compensation in the form of gift cards and/or rewards within Company Product(s) (i.e., in-game rewards). However, in the event Your participation is unsuccessful or incomplete in any respect, Company is not obligated to provide any compensation to You; also, compensation may not be awarded depending on the type of study. Either You or Company may terminate Your participation in the Program at any time. Company may terminate the Agreement by email at the email address You provide below. You may terminate this Agreement by sending an email to Company at email@example.com.
7. NO OBLIGATION TO PURCHASE OR OFFER PRODUCTS.
Neither party has an obligation under this Agreement to purchase or otherwise acquire any service or item from the other party.
YOU ACKNOWLEDGE COMPANY PRODUCTS ACCESSED UNDER THIS AGREEMENT MAY BE BETA TEST VERSIONS, SUCH COMPANY PRODUCTS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, AND MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, COMPANY PRODUCTS ARE PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS, AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. COMPANY AND ANY COMPANY AFFILIATES DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING COMPANY PRODUCTS AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE COMPANY PRODUCTS, OR FOR ANY LOSS OF DATA.
You will defend, indemnify and hold harmless Company, independent contractors and service providers (including Vendors), and each of their respective members, directors, officers, employees, suppliers, agents, successors and assigns from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) Your use of, or inability to use, any Company Products; (b) participation in the Program; or (c) Your breach or alleged breach of this Agreement, including any of Your warranties, representations or agreements hereunder; and (d) any violation by You of laws or any rights of another person or entity.
10. LIMITATION OF LIABILITY.
COMPANY SHALL HAVE NO, AND YOU RELEASE COMPANY FROM, ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR USE OR INABILITY TO USE COMPANY PRODUCTS OR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY WITH RESPECT TO COMPANY PRODUCTS, ANY USE OR INABILITY TO USE COMPANY PRODUCTS, OR YOUR PARTICIPATION IN THE PROGRAM EXCEED TEN DOLLARS ($10.00).
This Agreement, together with the Program FAQs, sets forth the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between Company and You concerning such subject matter, whether written or oral. All sections of this Agreement except Sections 2, 6 and 7 will survive any termination of this Agreement. Any modifications to this Agreement must be made in writing and signed by both parties. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby. You may not assign this Agreement or any of the rights granted in it. Monetary damages may not be a sufficient remedy for unauthorized disclosure of the Confidential Information. Nothing in this Agreement shall be construed as creating a partnership, fiduciary, employment or agency relationship between You and the Company. As such, Company is entitled, without waiving any other rights or remedies, to such injunctive or other equitable relief against You or others in connection to a breach of this Agreement as may be deemed proper by a court of competent jurisdiction. This Agreement and all matters arising out of or relating to it shall be governed by the laws of the State of California, without reference to its principles of conflicts of law, and federal laws as applicable. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration. In the event of a dispute, You and Company shall attempt informal resolution prior to any demand for arbitration. Any arbitration will occur in San Francisco County, California, United States. Arbitration will be conducted confidentially by a single arbitrator in accordance with the JAMS International Arbitration Rules. The language of the arbitration shall be English. You agree that any such dispute is personal to You and Company 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 agree that for any arbitration, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. Otherwise, You and Glu agree that the state or federal courts located within San Francisco County, California, United States have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. Notwithstanding anything in this Agreement to the contrary, Company may institute proceedings for equitable relief, including but not limited to injunctions to prevent violations of Your confidentiality obligations under this Agreement, in any court of competent jurisdiction.
This Agreement is effective as of the date that You confirm Your participation in the Program (the “Effective Date”). This Agreement will terminate one year following the Effective Date, unless earlier terminated by Glu or You. Without limiting the generality of Section 11, all of Your obligations and Glu’s rights with respect to Confidential Information shall survive the termination of this Agreement. Termination and other notices will be provided at the email address provided below.